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