Smith v. Davidson

41 F. 172

Opinion

Nelson, J.

I think the court erred in permitting the original answer, sworn to by one of the attorneys for the defendant, to be offered in evidence as an admission by the defendant of the .facts therein stated. An amended answer having been filed to take the place of the original, it should have been excluded from the jury. The ruling of the court having been properly excepted to, the defendant is entitled to a new trial for such error. New trial granted. Costs to abide the event of the suit.