Legal Opinion

Corlies v. Cummings

New York Supreme Court

Decided May 15, 1827PublishedCited by 2 opinions

Assumpsit. This cause was twice tried. On the first trial, the defendant relied on two distinct grounds of defence; to both of which the plaintiffs gave some evidence by parol; other evidence by depositions taken de lene and other evidence taken upon commission, in which both ... > ' . . . ■^parties joined; and half the expense of executing which had been paid by the defendant, viz: $37 50. , . „ - . -.. i i. ii Both points of defence were submitted to the jury by the…

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Assumpsit. This cause was twice tried. On the first trial, the defendant relied on two distinct grounds of defence; to both of which the plaintiffs gave some evidence by parol; other evidence by depositions taken de lene and other evidence taken upon commission, in which both ... > ' . . . ■^parties joined; and half the expense of executing which had been paid by the defendant, viz: $37 50. , . „ - . -.. i i. ii Both points of defence were submitted to the jury by the circuit j'udge. They found for the defendant; and, according to his direction, declared tipon what ground they gave their…

1Opinion of the Court

Curia.

We think the commissioner erred in the first and second points of decision. We are not in the habit of scanning cases so critically, when presented for taxation. A party should be allowed to. spread .everything on the case which is reasonably necessary to a history of the cause at the circuit; so as to raise the • points, and exhibit the views arising upon it. The evidence as to the ground not taken by the jury, might or might not be necessary. The counsel could not say whether it would turn out to be ma*156terial or not. He supposed it might; and in good faith proposed its insertion. Its…

2Cases cited1 opinion

  1. Tillotson v. CheethamNew York Supreme Court · 1806

3Cited by2 opinions

  1. Trueheart v. AddicksTexas Supreme Court · 1847
  2. Perry v. GriffinNew York Supreme Court · 1852

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