" "I except," says the lawyer. The jury look
relieved. The witness straightens up, the opposing lawyer sits back
in disgusted contempt at such a loose method of procedure. "Well,"
says the witness, "it was a red cow."
This may go on for some time.
"I move to strike the answer out," says the lawyer; and the argument
begins all over again.
Throughout the trial the client and the jury are waiting for these
objections and exceptions. The nature of an exception is a notice
served on the judge that his rulings are wrong. The theory is that if
he wants to change them he had better do so before the case goes to
appeal. It is a covert threat to the judge. There is a principle in
some courts that no ruling that is not excepted to can be considered
on appeal; consequently a lawyer is careful to preserve his rights by
exceptions.
A young lawyer once had this principle so firmly fixed in his mind
that when he went to court he began taking exceptions to everything,
even rulings in his favor. He would make an objection; the judge
would sustain it. "I except," said the lawyer. He would make a
motion; the judge would grant it. "I except," said the young lawyer.
The other side would make an objection; the judge would rule against
them and in favor of the lawyer, "I except," said the lawyer.
Pages:
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133