Sire v. Ellithorpe Air Brake Co. - 137 U.S. 579 (1891)

U.S. Supreme Court

Sire v. Ellithorpe Air Brake Co., 137 U.S. 579 (1891)

Sire v. Ellithorpe Air Brake Company

No. 1479

Submitted December 15, 1890

Decided January 5, 1891

137 U.S. 579

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

In this case, on a motion to dismiss a writ of error for want of jurisdiction in this Court or to affirm the judgment, it was held that, though this Court had jurisdiction, there was sufficient color for the motion to dismiss to warrant this Court in considering the motion to affirm, and that the latter motion must be granted.

The propriety of questions put to a witness cannot be passed capon intelligently unless the bill of exceptions shows the character of the evidence previously put in.