O'Connor v. Hammond

California Supreme Court Jan 7, 1856 No. No. 779Published

Before: Heydenfeldt, Terry

AI Brief

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Holding. The court affirmed the lower court's judgment because the evidence was sufficient to support the verdict and the objection regarding the witness's competency was waived by failing to raise it at trial.

Issues

Whether the evidence was sufficient to sustain the judgment.
Whether an objection to a witness's competency based on interest can be raised for the first time on appeal.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“the evidence fully sustains the judgment and there is no error on the record.”

Synopsis

APPEAL from Superior Court.

TERRY, J. — This cause was tried below by a jury, and the evidence fully sustains the judgment and there is no error on the record.

The witness Barney, who testified on behalf of plaintiff, was incompetent, on account of interest, ánd would no doubt have been excluded if the objection had. been taken on the trial. This was not done, and the point cannot be raised here for the first time.

The judgment is affirmed, with costs.

I concur: Heydenfeldt, J.

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