Consolidated Vending Co. v. Turner

It was not error to strike from the record on this appeal the charge of the presiding judge at the former trial. A mistrial having been ordered, the rulings of the judge presiding at that trial as to the admissibility of evidence offered before him are in no way determinative of the admissibility of like evidence upon a subsequent trial or of the defendant’s right to amend or need to amend his answer. There is no reason to suppose that the defendant would have been any less surprised by the rulings of Latham, S.J., concerning such evidence had there never been any former trial of the action.

Th…