Smith v. Ross

Citations

• 31 App. D.C. 348
• 1908 U.S. App. LEXIS 5630

Syllabus

<p>Trial; Stet Calendar; Abuse of Discretion; Sales; Question fob Jury; Instructions to Jury; Statute of Limitation; Objection and Exceptions; Prejudicial Error; Witnesses.</p> <p>1. Where a ease is removed from the stet calendar of the lower court, and various continuances granted over the objection of the defendant and a motion by him for a dismissal of the suit is overruled, this court will not review such action of the lower court on an appeal by him from the judgment on verdict, in the absence of any exception to such action appearing in the record.</p> <p>2. This court will not, on an appeal by the defendant from a judgment on verdict, review the action of the trial court in overruling a motion by him to reverse an interlocutory order of that court removing the case from the stet calendar, where it appears that such motion, although in writing, was not filed, and notice given opposing counsel, as required by the rule of that court, or presented until the jury was sworn and the court ready to proceed with the trial.</p> <p>3. In an action for goods sold and delivered, where it appeared that the plaintiff furnished building material for fourteen houses to two parties engaged in their construction, that, when the houses were nearing completion, the defendant, who was not one of such two parties, told the plaintiff that he had an interest in the houses; that the plaintiff declined to furnish the materials for six more houses on the application of the three parties unless they would agree that the materials furnished for the fourteen houses should be paid out of a building loan made by them on the six houses, — the question of the defendant’s liability for the materials furnished for the two sets of houses is properly submitted to the jury by the trial court.</p> <p>4. In an action to recover for building materials furnished for the construction of fourteen hours, and for building materials furnished for the construction of six houses, where the question is present