Nudd v. Burnett

Nudd brought suit and obtained judgment, before a justice of the peace, for 75 dollars, the value of a horse. Burnett appealed to the Common Pleas, where he had verdict and judgment in his favor. It appears that the plaintiffs offered a witness to prove “his case,” &c., when, before he had given his testimony, the defendant interposed, and asked him whether a note shown him contained the contract between the parties in regard to said horse, which interrogatory was answered by the witness in the affirmative. The Court thereupon refused to hear any “ evidence contradicting or varying the note,”…