36 A. 365 | N.H. | 1892
The request came too late. If it had been made seasonably the plaintiff would have had an opportunity to obviate the objection as to his title by further evidence, and doubtless would have done so. But however this may be, the defendant could not lie by until after the evidence, arguments, and charge to the jury were closed, and then first avail himself of an objection that was open to him, and which in fairness he ought to have taken as soon as the evidence for the plaintiff was closed, or, at latest, when the evidence was closed on both sides. Brown v. Insurance Co.,
There was no legal error in refusing to permit the defendant further to inquire of the plaintiff into the source of his title to the farm and his dealings with Day in respect to it. How far justice required the cross-examination should be allowed to go in those directions was a question of fact for the trial term. Gutterson v. Morse,
Exceptions overruled.
CARPENTER, J., did not sit: the others concurred.