Pope v. Mooney

It is assigned for error that the court below erred in ovérruling the plaintiffs’ motion to set aside the non-suit and grant a new trial. The reasons for the motion were that the court erred in refusing to admit in evidence for the plaintiffs a copy of a marriage contract, duly certified from the office of the Recorder of deeds for the county of St. Louis; and that the exclusion of the paper, upon objection made, operated a surprise upon the plaintiffs’ counsel.

The suit was commenced in 1856, in the names of the trustees to whom the land sued for was conveyed by the marriage contract, and the…