The American State Reports (Volume 38); Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions"

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1894. Excerpt: ... 4. Conflict Op Evidence.--Where a motion to discharge an attachment, on the ground that the allegations in the affidavits are not true, is decided on conflicting testimony, the rnling of the trial court will not be disturbed on appeal, unless the preponderance of evidence against it is clear and decisive. Whipple v. Bill, 742. 6. Trial--Charge Covering Only Part Of This Evidence, When Erro-Neous.--A charge which ignores any material, conflicting, or qualifying evidence, or a material fact which is the legitimate inference of other proven facte, is misleading and erroneous. Boyd v. Jones, 100. 6. Parties Cannot Complain Op Error which they invite or adopt Johnson-Brinkman Commit/ion Co. v. Central Bank, 615. 7. Charge Authorizing Jury To Disregard Material Evidence.--Where there is some evidence tending to sustain an issue raised by one of the parties to a suit, it is reversible error to grant an instruction which is tantamount to a declaration that there is no evidence on such issue. Nelson v. Shelby Mfg. etc Co., 116., 8. Jury Trial.--Though A Comment By The Court During The Trial O- A Criminal Cause respecting the mode in which the attorney for the ac-cused conducts his examination may be unnecessarily harsh, yet the judg-ment of conviction will not be reversed on that ground, if from the whole case it does not appear that the accused was injured thereby. People v. Baker, 276. 9. Objectionable Statements Op Counsel Will Not Be Considered On, When.--An objection to the statements of counsel cannot be con-sidered on appeal, unless they have been duly excepted to at the time they were made, and a motion made to exclude them. Nelson v. Shelby Mfg. etc. Co., 116. 10. Instructions.--Failure To Give instructions not asked is not error. Mitchell v. Bradstr...