Stagg v. Compton

The appellant brought the action, alleging, in his complaint, that the appellee was indebted to him in the sum of two hundred dollars, the price of a horse sold and delivered to the appellee, at his special instance and request. The court rendered a finding and judgment for the defendant, which, at the general term, was affirmed. The appellant insists that the court erred in excluding certain evidence offered by him.

The appellee insists that the question sought to be presented is not before the court, because the motion for a new trial and the evidence in the case are not in the record.

The…