Avendano v. Gay - 75 U.S. 376 (1869)
U.S. Supreme Court
Avendano v. Gay, 75 U.S. 8 Wall. 376 376 (1869)
Avendano v. Gay
75 U.S. (8 Wall.) 376
1. A party in this Court cannot allege as error in the court below, the admission of evidence offered by himself and objected to by the other side.
2. A statement of facts, made and filed by the judge several days after the issue and service of the writ of error in the case, is a nullity. Generes v. Bonnemer, 7 Wall. 564, affirmed.
Avendano brought suit in the court below against Gay; and, in the course of the trial, offered certain evidence, which was objected to by the defendant, but which was admitted, notwithstanding, by the court. The defendant excepted, and a bill of exceptions was sealed. A verdict was given against the plaintiffs, who brought the case here on error. The writ of error was allowed on the 9th of July, 1867. The citation was issued on the 10th, and served on the 11th. On the 16th of July, a "statement of facts," by the judge who heard the case, was filed, and the cause in this state was here.