Rufus Wheeler Peckham, Holloway v. Dunham — Opinion of the Court
“ Should one general exception to 13 different instructions be considered sufficient, when each instruction consists of different propositions of law and fact, and many of them are clearly correct? We think not. ”
Rufus Wheeler Peckham, Holloway v. Dunham — Opinion of the Court
“ There are left only the exceptions to rulings on the admission or rejection of evidence, and those taken to the instructions of the court to the jury. The former are not particularly urged, and the latter are substantially confined to two. They arise upon the instructions of the court to the jury in regard to what is sufficient proof of nonresidence, and also as to the number of the jury necessary to agree upon a verdict. ”
Rufus Wheeler Peckham, Holloway v. Dunham — Opinion of the Court
“ The wholesale manner of taking exceptions is unfair, both to the judge and the opposite party. After a judge has given a long charge to the jury, consisting of many different propositions of law and fact involved in the trial, a general exception noted at the end of the charge to each proposition, separately, of law or fact announced therein, is not sufficient, if any proposition of law contained in the charge is correct. ”
