Oregon Supreme Court April 8, 1895 (Klamath Ditch Co. v. Ream)

Opinion by

Mr. Chief Justice Bean.

1. The general rule is that an order of the trial court overruling a motion to strike out testimony which has been admitted without objection is not assignable error, (1 Thompson on Trials, §716; Baylies’ Trial Practice, §21,) but where evidence which, taken alone, is incompetent, is offered and admitted under objection, on the assurance of counsel that it will