Homeland Security: Risks Facing Key Border and Transportation Security Program Need to Be Addressed

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...things disclosed, that they had sold to the appellant Jones. Depositions were taken, which prove the prior settlement of the plaintiffs. After this, a new bill was filed by the plaintiffs, making Jones a party defendant, who appeared and put in an answer, in which amongst other things, he asserts a right in Rodgers by settlement, prior to that of the plaintiffs. No replication was put in to this answer, but the cause coming on to be heard upon the bill, answers, exhibits and examinations of witnesses, the court decreed in favor of the plaintifls, from which decree the defendant Jones appealed. Marshall for the appellant. This cause, as to the appellant, is to be considered as having come on, upon bill and answer: for the depositions having been all taken, before he was a party to the suit, and an entirely new claim being made, and new matter brought before the court, the evidence could not with any propriety be used against him. It would be most unreasonable, if claims not put in issue by th_e former bill, could be supported by the evidence taken on that bill. In 1 Harr. Ch. Prac. 108. It is laid down, that at any time before hearing, upon cause Sl lC l!, lhe plaintifi may obtain an order to add parties to his bill, but in this case, the cause 231 is to be heard asto such new defend ant, upon bill and answer. In the sa-me book p. 150, it is also said, that when a supplemental bill is filed, after publication, the court never gives leave to examine that, which was in issue in the former cause, and it is irregular to examine witnesses, to a matter, that was in issue, and not proved in the original cause. and such proof, is not to be read. So, if there he no proof of the new matter in the supplemental bill, it must be...