26 Mo. 385 | Mo. | 1858
delivered the opinion of the court.
The rejected evidence in this case was contained in two receipts and a deposition. The defendant had the right to
There is no question of law in the case, for if the court had received the evidence and then found for the plaintiff we would not have interfered with the judgment, and as the matter is now presented the action of the court was equivalent to a declaration that the evidence did not establish the defence.
The judgment is affirmed,