Hermann v. Van Buren

A certain paper was admitted in evidence against the objection and exception of the defendant (appellant), but is not included in the justice’s return. A motion by the appellant for leave to amend the return by supplying this paper has been denied because not made until after this court had intimated, upon the argument, its-decision upon the questions presented by the return as filed. Warren v. Campbell (Com. Pl. N. Y.) 14 N. Y. Supp. 165. The exception is-therefore ineffectual, as, in the absence of the paper, it cannot be determined that it was improperly admitted. The appellant has…