Wylie v. King

Citations

• 29 Ohio C.C. Dec. 514

Syllabus

<p>ERROR — TRIAL.</p> <p>1. Discretion as to Order of Presentation of Evidence.</p> <p>In an action upon a promissory note against a maker and two endorsers, where the maker pleads forgery of her name and the plaintiff and endorsers claim the maker’s signature is genuine, it is not an abuse of discretion to permit the endorsers to introduce evidence of the genuineness of the maker’s signature after she has rested her defense.</p> <p>2. Failure to Object to Omission of Jury to Answer Special Interrogatory Not Reversible Error.</p> <p>A judgment will not be reversed because the trial judge received the jury’s general verdict without requiring an answer to be returned to a special interrogatory, when it appears that the parties were in court when the verdict was returned and made no objection to the omission complained of, or that the question , asked, if answered, would not have tested the correctness of the general verdict.</p>