Elston v. Robinson

Wright, J.—

!cSngeof.EAD! An examination of this record satisfies ns that the merits of this case were not fully and fairly passed upon in the court below. This resulted from the manner of making up the issues and a manifest failure to get before the jury the real and cardinal points in controversy. This, it may be admitted, was from ho fault of the court, nor was either party, perhaps, negligent in his preparation. But we cannot escape the conviction that it was hurriedly tried, and that the questions involved did not receive that deliberate consideration which their importance to the rights…