The Southeastern Reporter Volume 73 (Paperback)

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. 1912 Excerpt: ... or affected by the number of witnesses testifying on the one side or the other. The verdict is supported by evidence which fully authorized the finding of the jury, and is approved by the trial judge. Ed. Note.--For other cases, see Evidence, Cent. Dig. 2450-2452; Dec Dig. 598. 2. Trial (J 233)--Instructions--ContenTions Of Parties. The assignment that the court erred in misstating the contentions of the parties is not supported by the record. It appears in the record that counsel for both parties agreed in open court that the only real issues involved were as they were afterwards stated to the jury in his charge; and therefore it was not error for the court, in his instructions to the jury, to state the contentions of each party, as each admitted it to be, although the oral admission differed from the pleadings in the case, especially for the reason that, while the statement of the court varied the amount contended for by each party in his pleadings, it did not affect the nature of the suit nor the defense, and therefore could not confuse the jury. Nor could the jury have been confused by the court's incorrectly stating the amount claimed by the plaintiff in his petition, because the court, in the same connection, referred the jury to the pleadings. Ed. Note.--For other cases, see Trial, Dec Dig. 233. 3. Trial ( 296)--Instructions--Cube Of Error. The error of the court in stating that they should determine a certain point "from the testimony of witnesses on the stand" (without referring at that time to the consideration of the jury certain testimony which had been submitted by interrogatories) was harmless, in view of the fact that the court, later on in the charge, called specific attention to the interrogatorie...