Rider
Rider v. Edgar
Opinion
lead Opinion
Departmentfrombench, J.
As the case is presented in the transcript, the questions argued by appellant cannot be considered.
It is the established rule that exceptions to the oral charge of the Court below must be specific, and point to the particular portions of the charge claimed to be objectionable. (Sill v. Reese, 47 Cal. 295 , and cases there cited.) The rule is equally applicable where, as in this case, counsel shall subsequently claim that all the propositions laid down in- the charge are objectionable. This rule is one of practice, which must apply without exception. It follows, that we cannot inquire whether the Court below erred in respect to the whole or any portion of the oral charge.
Section 648 of the Code of Civil Procedure provides, that when the motion for a new' trial is based upon the ground of insufficiency of the evidence to justify the verdict, the hill of exceptions must specify the particulars in which the evidence is alleged to be insufficient. And § 659 contains a like provision with reference to statements of the case. The only specifica *131 tions appearing in this transcript which can be supposed to bear upon the error of the jury in rendering the verdict for the value of…