Page:North Dakota Reports (vol. 1).pdf/539

 of trial court will not be considered on appeal. Territory v. O'Hare, 30.

5. A general objection to the introduction of any evidence under a complaint, on the ground that the facts therein stated do not constitute a cause of action, will not be considered, on appeal, when evidence was received, without specific objection, to prove the allegations wanting in the complaint. Bowman v. Eppinger, 21.

6. After plaintiff rested in chief, defendant moved the court to instruct the jury to return a verdict for the defendant, and the motion was overruled; and subsequently defendant put in his evidence. Held, that error cannot be assigned on ‘the ruling on the motion for verdict, as the error, if any, was waived by defendant by subsequently introducing his testimony; and, held, further, that, if defendant desired to preserve the point, he must renew his motion for verdict upon all the evidence in the case. Id.

7. A judgment shown by the record to be void will be reversed on appeal, though neither party raises the question. Miller v. Sunde, 1.

8. Defendants cannot raise the point that a judgment against them should have been in favor of the plaintiff alone, and not in favor of the plaintiff and intervenors. This is a matter exclusively between the plaintiff and intervenors.. Braithwaite v. Power, 455.

1. When a complaint omitted to negative contributory negligence and evidence was introduced, over defendant’s objection, to show that plaintiff had not been guilty of contributory negligence, held, that while such evidence was unnecessary to make a prima facie case for plaintiff, the introduction of it was not error which could prejudice defendant. Gram v. N. P. R. R. Co., 252.

2. In criminal case overruling defendant’s challenge to juror for cause, the peremptory challenges not being exhausted, is, at most, harmless error, and no ground for reversal. Territory v. O’Hare, 30.