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eBook details

• Title: Avendano v. Gay
• Author : United States Supreme Court
• Release Date : January 01, 1869
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 49 KB

Description

Mr. Durant, for the plaintiff in error, referring to the action of the court below in admitting the evidence, contended, that upon the case, as found by the court below, the judgment ought to be reversed. Mr. Janin, contra, observing that the admission of the evidence was on the plaintiff's own offer, relied on Generes v. Bonnemer,1 * as disposing of the case; quoting the following passage: 'To permit the judge to make a statement of facts, on which the case shall be heard here, after the case is removed to this court by the service of the writ of error, or even after it is issued, would place the rights of parties, who have judgments of record, entirely in the power of the judge, without hearing and without remedy. The statement of facts, filed without consent of the parties, must be treated as a nullity; and, as there is nothing of which error of the court below can be predicated, the judgment must be affirmed.' In order to show error in the proceedings in the Circuit Court, the counsel of the plaintiff in error, who was plaintiff below, has referred to a bill of exceptions taken by the defendant to the ruling of the court admitting evidence, offered by plaintiff against defendant's objection. If there was error in the ruling, it was at plaintiff's request, and to the prejudice of defendant, and can form no ground of reversing the judgment, which, notwithstanding this testimony, was for the defendant.

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