
    WILLIAM J. BURNETT, Plaintiff and Respondent, v. C. BROWN SNYDER, Defendant and Appellant. (Action No. 3.)
    Before Curtis, Ch. J., and Sedgwick and Freedman, JJ.
    
      Decided March 3, 1879.
    Tbial.—Objections, when to be taken.
    In this case the objection that no demand had been proved, was not raised at the trial, but the existence of the fact, if material, seems to have been assumed by all parties, and by the referee.
    The defendant, on filing exceptions to the report, sought to raise the point after'the final disposition of the issues. Held, that, as the objection was capable of being obviated by proof, if it had been taken at the proper time, it should have been distinctly taken at the trial. Not having been taken then and there, it is not available on appeal.
    Appeal from judgment in favor of plaintiff, entered upon the report of a referee.
    
      Wilson & Wallis, attorneys, and William G. Wilson, of counsel, for appellants.
    
      Martin & Smith, attorneys, and Aaron P. Whitehead, of counsel, for respondent.
   Freedman, J.,

wrote for affirmance, with costs, holding as above ; and as to all other questions concurring with the views of the referee.

Sedgwick, J., concurred.  