Brosnan

This action was brought to recover the sum of $908 upon a claim against the estate of Thomas Bros-nan, deceased, for merchandise Sold to him during his lifetime by plaintiff. The trial was had with a jury, and resulted in a verdict and judgment for the plaintiff in the sum of $618. From the judgment and an order denying a new trial an appeal has been taken upon the judgment-roll and a bill of exceptions.

It was not error for the trial court to refuse to strike out all of the testimony of the defendant, Mary Brosnan, who was called as a witness for the plaintiff. The motion to strike out was not made until the witness had concluded her testimony and left the witness-stand. Ample opportunity was afforded counsel for the defendant, during the course of an extended direct and cross-examination of this witness, to object to her testimony had he so desired, but he failed to avail himself of the opportunity. He will not now be heard to complain that the testimony of the witness was objectionable; and as a motion to strike out evidence must be based upon a valid objection previously stated, the motion in the present case was properly denied. (People v. Long, 43 Cal. 444 ; People v.…