Spaids v. Cooley
113 U.S. 278 (1885)

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U.S. Supreme Court

Spaids v. Cooley, 113 U.S. 278 (1885)

Spaids v. Cooley

Argued January 19, 1885

Decided February 2, 1885

113 U.S. 278

Syllabus

The declaration in an action to recover money contained the money counts. The defendant pleaded the general issue and the statute of limitation. The plaintiff replied a new promise within the statutory time. At the trial, before a jury, he offered in evidence a deposition, taken under a commission, to prove the new promise. The defendant objected to the deposition, but did not state any ground of objection. The bill of exceptions set forth that the court "sustained the objection and refused to permit the said deposition to be read to the jury, and ruled it out because of its informality." The deposition appearing to be regular in form, and the evidence contained in it as to the new promise being material and such as ought to

Page 113 U. S. 279

have been before the jury, and the court below having instructed the jury that the plaintiff had not offered sufficient evidence of a new promise to be submitted to the jury, and directed a verdict for the defendant, and as if there was such new promise, there was evidence on both sides for the consideration of the jury on the other issues on proper instructions, and as the bills of exceptions did not purport to set out all the evidence on such other issues, this Court reversed the judgment for the defendant and awarded a new trial.

The facts are stated in the opinion of the Court.

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