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Martin v. Travers

Supreme Court of California
Jan 1, 1859

         JUDGES: Field, J., delivered the opinion of the Court. Baldwin, J., concurring.

         OPINION

          FIELD, Judge

         The plaintiff objected to the admission of the evidence upon which the referee based his sixth finding, but upon what ground the record does not disclose. The objection fails to specify the point upon which it rests, and did not merit consideration for its generality. Kiler v. Kimball, 10 Cal. 267.

         To have entitled it to notice, the party should have laid, as the authorities say, his finger on the point at the time. Practice Act. sec. 189; Frier v. Jackson, 8 John. 496; Jackson v. Caldwell, 1 Cow. 622; Whitesides v. Jackson, 1 Wend. 418; Waters v. Gilbert, 2 Cushing, 27; Covillaud v. Tanner, 7 Cal. 38.

         Judgment affirmed.