Edward Douglass White

“ Coming, then, to consider the record, we find that the assignments of error here are of a threefold nature: (a) Those which relate to the conclusions of law reached by the court upon the merits of the controversy; (b) those which complain of perversion and misuse by counsel of evidence admitted, which it is alleged were so serious that they must have affected the minds of the jury to such an extent as to render the verdict and judgment necessarily reversible; and (c) those which rest upon the alleged rejection of legal and admission of illegal evidence. ”

“ The claim that no exception was reserved to the misuse of testimony is founded on the proposition that as the objection made by defendant to the record and statute was to their admissibility in any form, or for any purpose, and as they were admissible to show the fact of divorce, the objection, being general, was not well taken. ”

“ It is true that in some instances there may be such strong impression made upon the minds of the jury by illegal and improper testimony that its subsequent withdrawal will not remove the effect caused by its admission, and in that case the original objection may avail on appeal or writ of error, but such instances are exceptional.'
The case here, we think, comes within the exception. The charge made in the complaint was a very grave one, seriously affecting the character of the defendant below. ”