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56 So. 2d 201

Acosta v. Lea

Louisiana Court of Appeal

Decided January 10, 1952

Louisiana Court of Appeal · decided 1952-01-10

Relies on Hope v. Gordon · Jenkins v. Salmen Brick & Lumber Co. · Cockerham v. Perot

Good law ✅— No negative treatment on recordhow we know

Decided 1952-01-10

How this case has been cited

Cited by 3 later decisions — most recently April 2016

3 state decisions

101952196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1In. his application for rehearing counsel for. the defendant and appellee herein complains we cited no authorities, nor did he know of any adjudicated case to support our statement in the opinion herein that [55 So.2d 3]: “Whether or not the objection to the testimony of Gillum was well taken, the defendant, by his' action in offering his wife as a witness, without qualification and in proceeding to examine her on the subject matter testified to by Mr. Gillum without reservation of his previous objection, waived and abandoned his objection to the testimony of Mr. Gillum and his testimony has to be given such weight and effect as it may deserve.”

¶2It appears we did not supply in bur opinion the authorities upon which this rule of law is founded, but ample are present in our jurisprudence. Our Supreme Court aptly stated in Hope v. Gordon, 186 La. 697, 173 So. 177, 178:

“A party may, by his acts or omissions, waive or be estopped to-make objections to *202the admission or exclusion of evidence. Such waiver or estoppel may arise from failure to object, from acts done or omitted before the evidence is offered, as by failure to object to previous similar evidence, or from some affirmative act done after the ruling on the evidence. 64 C.J., § 189, p. 167.
“Thus it has been held by this court that defendant’s objection to a document offered in evidence by plaintiff was waived by defendant’s subsequent offer in evidence of the document which he had sought to exclude. Jenkins v. Salmen Brick & Lumber Co., 120 La. 549, 45 So. 435.” (Emphasis supplied.)

¶3Another pertinent case is Cockerham v. Perot, Miss., 19 So. 122, where: By obtaining the time to rebut testimony admitted over objection under a general denial, the party waived the obj ection.

¶4The testimony of the witness Gil-lum was timely objected to on the ground that it was “hearsay”, but was admitted subject to the objection. However, when the defendant offered Mrs. Lea as a witness without qualification and without reserving his rights under his previous objection to the testimony of Gillum, but proceeded to question Mrs. Lea about the same conversation had between her and Gillum, under the authorities quoted above, the defendant waived his objection.

¶5The other errors complained of in the application for a rehearing are considered without merit.

¶6Rehearing refused.

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