Milner v. Burrus
Milner v. Burrus
Opinion of the Court
The case was tried at the May term, 1887, and resulted in a verdict for the claimant. A motion for a new trial was made by the losing party, and by order of court the movant was allowed till the next term to complete a brief of evidence, and it was completed accordingly, but not then presented to the judge for revision and approval. Nor was it so presented until the second term thereafter, up to which time the motion liad been regulai-ly continued, once at the suggestion of the court itself. As the continuances had been regular, no doubt it was in the- power, legally speaking, of the judge to revise and approve the brief of evidence, although it had been withheld from his inspection for so long a time after the trial and until so late a period in the pendency of the motion. But we know of no law which obliged him to exercise this power. In order to revise the brief and guarantee its correctness, ho was entitled to have it presented whilst the evidence as given at the trial had some freshness in his recollection. No doubt it was because this freshness had been lost that he declined to approve the brief after so long an interval had elapsed, not ouly after the trial, but after the
Reference
- Full Case Name
- Milner, administrator v. Burrus
- Cited By
- 2 cases
- Status
- Published