Masten v. Olcott

This question has been suddenly sprung upon me during the trial, and my opportunity to examine it has, therefore, been limited, but I have thought of it carefully. I can say, further, that I have no reasonable doubt in regard to the correctness of my conclusion; if I had I would adopt the course which the counsel for the plaintiff has just suggested, making a proforma ruling against the defendants. I may further say that I regret that I am compelled to dispose of the case upon this technical ground, for without it, so far as the evidence has disclosed the defense, I should be compelled to…