The American Reports, Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States Volume 54 (Paperback)

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. 1886 edition. Excerpt: ... to the court for leave to amend her answer, without invoking a ruling upon the question thus raised, and without subjecting herself to any imputation by reason that she had not before set forth the allegations made in the amendment. The original statement of a party's case is often hurriedly prepared, with imperfect information of the facts, and sometimes under misapprehension of the law. New facts are revealed at the trial, and new views of the law applicable to them are suggested. It would be unjust, if in a closing argument the counsel could be allowed to compare the answer originally made with that finally relied on, without an investigation of all the circumstances under which the original answer was made. Yet such an investigation would be obviously impossible. To permit counsel thus to comment after the evidence has been concluded, and when no opportunity for explanation remained, or indeed could ever be given, would often cause an entirely different effect to be attributed to the legal statements of a defense from that which they should properly bear. The plaintiff urges that the defendant's counsel had no right to remain silent during his address to the jury, and that it was his duty then to have interposed. To have interrupted the plaintiE's counsel while making his argument was only to provoke altercation, especially aftcr the defendant's counsel had satisfied himself that he would not be sustained by the court. To the refusal of the court then to interrupt the counsel the defendant has alleged no exception, and as the matter was not ther. '-1-ought to the attention Hastings v. Lovejoy. of the opposing counsel, perhaps could not have so done. But when, at the close of the argument, the matter was...