Oliphant v. Brearley

The opinion of the court was delivered by

Magie, J.

This certiorari has brought up a judgment against prosecutors in the Mercer Common Pleas, affirming a like judgment of the District Court of Trenton, in an action of tort brought by the defendant for the recovery of $200 damages.

The prosecutors attack the judgment upon two'grounds— (1) that the District Court erred in admitting evidence over their objection, and (2) that there was error in the refusal of that court to charge the jury according to prosecutors’ request.

Defendant primarily objects to our consideration of these reasons for…