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30 Ind. 388

Jemison v. Walsh

Indiana Supreme Court

Decided November 15, 1868

Indiana Supreme Court · decided 1868-11-15

<p>Practice.— Objection to Evidence. — An exception to the admission of evidence will not be considered by the Supreme Court, if the record do not show the ground of objection, and that the same had been pointed out to the court below.</p>

Cited by 1 later decisions — most recently May 1872

1 state decisions

Relies on Russell v. Branham · Ammerman v. Crosby

Good law ✅— No negative treatment on recordhow we know

Decided 1868-11-15

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Ray, C. J.

¶1This was a suit upon a note executed by the appellants, upon which judgment was rendered.

¶2On the trial the appellants objected to the introduction of the note in evidence, but the court, as appears by the bill of exceptions, “overruled the objection, for the reason that the objection to the evidence was not pointed out.” In Russell v. Branham, 8 Blackf. 277, it was held that the *389record must show that the ground of objection to the evidence offered had been pointed out to the court, and such objection, with'the reason therefor, must also be made part of the record. This rule was recognized as late as the case of Ammerman v. Crosby, 26 Ind. 451. Tho exception to the admission of the note in evidence cannot, therefore, be considered in this court.

8. P. Oyler and D. W. Howe, for appellants.G. M. Overstreet, A. B. Hunter, D. D. Banta, and C. By field, for appellee.

¶3The judgment is affirmed, with ten per cent, damages and costs.

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