Evans v. Stettnisch

Citations

• 149 U.S. 605
• 13 S. Ct. 931
• 37 L. Ed. 866
• 1893 U.S. LEXIS 2330

Syllabus

<p>An affidavit made by one of plaintiff’s attorneys, he havinfe been represented in the progress of the case by two, for use on a motion for a new trial setting forth that an order of continuance had been vacated and the case-set down for trial in his absence and without notiffe either to plaintiff oraffiant, whereby plaintiff was prevented from presenting his evidence to-the jury and deprived of a fair trial, cannot be considered in this court, on writ of error, because: (1) Such affidavit is no portion of the record,. — it not having been incorporated in a bill of exceptions; (2) There is< nothing to show that it was the only affidavit bearing upon the point in. the flies of the case; (S) Even if it were shown to have been the only-affidavit it would not be sufficient to overthrow the recitals of the record, that the parties appeared by their attorneys.</p>