Samuel Freeman Miller

“ It cannot be permitted that, after the case has gone to a hearing, testimony submitted to the jury, and a verdict rendered, a party, for the first time, shall state a reason for his objection to that evidence which would make the objection good. The record is precisely as we have copied it, showing that, while defendants 'then and there objected on the grounds ___,' the record is then silent. ”

“ The testimony itself, being evidence of the conversion of the ore by the defendants, with a knowledge that it was the property of plaintiffs, was pertinent as to the measure of damages. It was, therefore, only to be excluded, if at all, on some ground other than its want of relevancy to the issue. The record before u does not show that the defendants, at the time of the trial and at the time that the objection was made to the introduction of this evidence, gave any reason at all why it should be rejected; much less the reason which they now insist on. ”

“ This charge presented in a clear and, as we believe, correct light a sound view of the question of damages as it relates to this case. To it no exception was taken, nor to any part of it. On the whole, we do not find any error in the record, and the judgment of the circuit court is accordingly affirmed. ”