Finally
the situation grew so strained that the judge called the young man to
the bench and spoke to him confidentially. His explanation was: "This
is my first case and the head of my firm told me to be sure and take
exceptions to all rulings."
Some lawyers are so in the habit of excepting, it sounds as though
they were hiccoughing. "Overruled"; "I except"; "Allowed"; "I except";
"Denied"; "I except"; "Granted"; "I except." It becomes a custom as
constant as the refrain in a comic opera.
Theoretically it may have a sound basis under the law, but so little
practical value has it that it seems ludicrous. The lawyers and the
judges consider it a matter of course. If the judge after all the
argument finally decides to let the testimony as to the red cow stand,
he will not be inclined to change his mind because the lawyer
interjects that threatening exception. The sound of the word is
spiteful and seems to express the resentment of the lawyer at the
ruling of the judge.
No example could be found in the thousand volumes of law reports where
the judge changes his mind on account of an exception. The object in
this particular direction is vain.
With regard to appeal; the Appellate Court that attempts to decide a
case on the exceptions taken at the trial would have a difficult time.
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