In fact, Justice Barrett offers credit to her husband each chance she gets. Indeed, the fact is that the counsel, after referring the jury to the evidence which was not within the record, stated to them, in effect, that it established the fact, or authorized the truthful inference, that the decree of divorce had been rendered on the bottom of adultery with Mrs. Alexander, and subsequently conclusively established the fitting of the plaintiff to get better in the current case. The truth is, simply a pair hundred years ago, a man could have his wife dedicated to a psychological institution for being too unbiased. And, if an objection then taken was overruled, the question of the correctness of such motion should have been then reserved. Within the opening statement of counsel for plaintiff, parts of the divorce proceedings were read to the jury; counsel saying, amongst different issues: ‘Here was an allegation that she has enticed him from his house, and the divorce was granted upon that ground, amongst others; that is, the decree finds that the info in the complaint were proved, and that the divorce was granted upon that floor.’ When the file of the divorce proceedings was provided by the plaintiff, objection was made thereto; and thereupon the courtroom admitted it to prove the fact of the divorce alone, expressly limiting it to such purpose, and forbidding the studying or stating to the jury any of the averments discovered in the petition which in any means reflected upon the defendant.
The declare that no exception was reserved to the misuse of testimony is based on the proposition that because the objection made by defendant to the document and statute was to their admissibility in any kind, or for any purpose, and as they were admissible to indicate the very fact of divorce, the objection, being basic, was not properly taken. It is clear that where evidence is admitted for one certain goal, and that only, the mere proven fact that its admission was not objected to on the time does not aughorize the usage of it for different purposes for which it was and couldn’t have been legally introduced. If error was dedicated in restricting using the proof, the plaintiff’s treatment was to except thereto, and not to disregard the ruling of the court docket, and use the evidence in violation of the situations underneath which its admission was secured.
At this meeting it was laid down that disputes between Jew and Jew have been to not be carried to a Christian courtroom, but had been to be settled by fraternal arbitration. The foregoing conclusions will not be disputed by the defendant right here, but she seeks to avoid their software as follows: First, by denying the fitting of the plaintiff in error to boost the query, upon the bottom that no exception was reserved to the misuse by counsel of the evidence which is complained of; secondly, by asserting that the misuse did not take place, and that the assertion thereof within the invoice of exceptions is erroneous and ‘inadvertent’; thirdly, by admitting that use was made of the varied gadgets of evidence talked about in argument, and contending that this was not a misuse, as a result of the evidence was legally admissible for all the purposes of the trigger, and was subsequently correctly so used; and, lastly, by insisting that, even when use was made from alleged info, proof whereof had been expressly excluded, and which were not, due to this fact, earlier than the jury, the unsuitable thus dedicated by counsel was cured by the final cost of the courtroom, and subsequently doesn’t give rise to reversible error.
614, the place the foregoing authorities had been cited, and the precept was thus said, by Mr. Justice Field: ‘But, independently of this consideration as to the admissibility of the evidence, if it was erroneously admitted its subsequent withdrawal from the case, with its accompanying instruction, cured the error. We’ll first method the investigation of the matters talked about underneath the second heading, since, if the complaint of perversion and misuse of proof is justified, it isn’t vital to contemplate whether or not the rulings on the admissibility of testimony, or the ultimate conclusions of law, upon the deserves, had been right. The precise of the defendant below to object to the perversion and misuse of the evidence relies upon upon whether or not objection was duly reserved thereto, and not upon whether or not exception was taken to the admissibility of the proof which, it’s asserted, was misused. If the invoice was not delivered to counsel inside the time mounted by the settlement, objection to the failure so to deliver it ought to have been urged when the bill was settled. The complaint of the conduct of counsel in argument is considerably predicated upon the next evaluation of the facts, which we discover borne out by the report.
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