Æolian Co. v. Simpson-Crawford Co.

WARD, Circuit Judge.

The purposé of the rule laid down in Blease v. Garlington, 92 U. S. 1, 23 L. Ed. 521, was to bring before the court on appeal all the testimony offered, so that the case might be finally disposed of there without the necessity of sending it bade for testifnony improperly excluded below. When the objection is to relevancy and materiality, the testimony excluded will never get into the record if the ruling is adhered to. But in this case the objection is that the defendant is injecting his defense into the plaintiff’s prima facie case. At the proper stage in the action- all…