Wagner v. Ellis

Citations

• 85 Miss. 422

Syllabus

<p>1. Evidence. Objections. Supreme court practice.</p> <p>Unless objection be made in the trial court to the proof of the contents of a writing by parol evidence, complaint thereof in the supreme court will be unavailing.</p> <p>2. Same. Objections must be seasonable and specific.</p> <p>Objections to testimony must be seasonably interposed and made sufficiently specific to present, and not to obscure, the question involved.</p> <p>3. Same. Concrete case.</p> <p>A defendant who, without objection, permitted plaintiff to prove the contents of a writing by parol, cannot make the admission of such proof the predicate of an assignment of error in the supreme court, although in the course of the examination of a plaintiff’s rebutting witness he made a general objection, which was overruled, to an inquiry touching the contents of the writing.</p> <p>4. Same. Excessive verdict.</p> <p>A judgment on a verdict in excess of the damages proved will be affirmed by .the supreme court only on condition of appellees remitting the excess.</p>