Colsson v. Consolidated Ass'n Bank
Colsson v. Consolidated Ass'n Bank
Opinion of the Court
delivered the opinion of the court.
The plaintiff is appellant from a judgment, which rejects her pretensions to have renunciation of her tacit mort
The facts were found against the plaintiff, by the jury. Her counsel has contended, the District Court erred in rejecting witnesses offered by her to prove instances of maladministration, and ill management of the affairs of the association ; in rejecting the record of the suit in which she obtained a separation of goods from her husband, offered to establish the amount of her claim against him ; in rejecting a witness offered by her, to prove that he had tendered to plaintiff copies of two letters, the originals of which were in the hand writing of an officer of the corporation ; in rejecting a copy of her amicable demand ; in rejecting witnesses, by whom the plaintiff meant to prove that'the act of renunciation had not been read to her, as stated therein.
We are unable to discover in what manner she expected to avail herself of the proof of mal-administration.
The judgment of separation was admitted, to establish rein ipsarn; id est, that the separation was decreed. The plaintiff was bound to prove the extent of her claim aliunde.
The copies of the letters had no relation to any allegation in the petition, and evidence of their contents was properly rejected.
The amicable demand was offered on a suggestion that it might concur in corroborating some of the material allegations of the demand. As this document was manufactured by the plaintiff herself, she could not be permitted to avail herself of it.
The District Court correctly observed, (in refusing to admit witnesses to prove that the act of renunciation had not
Her counsel has complained of the charge of the judge, as unprecedented, an innovation on our rules of practice, misconstructive of the true meaning of the law, and referring to laws not applicable to the case. No bill of exceptions was taken to the charge, but the grounds now taken were unsuccessfully urged in the District Court, on a motion for a new trial. They are endeavored to be supported here, by a recurrence to several facts of the charge. On close attention they have made no greater impression upon us, than on the judge, a quo.
On the merits, we are satisfied of the correctness of the verdict.
It is, therefore, ordered, adjudged and decreed, that the judgment of the District Court be affirmed, with costs.
Reference
- Full Case Name
- COLSSON v. CONSOLIDATED ASSOCIATION BANK
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- Published