BARTON V. FORSYTH, 61 U. S. 532 (1857)

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U.S. Supreme Court

Barton v. Forsyth, 61 U.S. 20 How. 532 532 (1857)

Barton v. Forsyth

61 U.S. (20 How.) 532


Where there was an affidavit made, after verdict and judgment, that the affiant was the real party in interest, and prayed to be substituted for, or admitted with, the defendant, and the court overruled the motion, an exception to this ruling will not bring up the points which were raised at the trial. nor will it bring up the ruling upon the motion.

Page 61 U. S. 533

Exceptions must be taken or the points reserved whilst the jury are at the bar.

Evidence of the sale of property under certain proceedings of a state court was properly received in the circuit court where the proceedings of the state court were duly certified and it had competent jurisdiction over the subject matter.

The case is stated in the opinion of the Court.

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