Skip to main content

“Error to the Circuit Court of Pennsylvania. This is the same case which was formerly before this Court, and is reported ante, vol. 3 p. 454; and by a reference to that report, the form of the patent, the nature of the action, and the subsequent proceedings, will fully appear. The cause was now again brought before the Court upon a writ of error to the judgement of the Circuit Court, rendered upon the new trial, had in pursuance of the mandate of this Court. Upon the new trial, several exceptions were taken by the counsel for the plaintiff, Evans. The first was to the admission of one Frederick as a witness for the defendant, upon the ground of his interest in the suit. The witness, on his examination on the voir dire, denied that he had any interest in the cause, or that he was bound to contribute to the expenses of it. He said that he had not a Hopperboy in his mill at present, it being then in Court; that it was in his mill about three weeks ago, when he gave it to a person to bring down to Philadelphia; and that his Hopperboy spreads and turns the meal, cools it some, dries it, and gathers it to the bolting chest. Upon this evidence, the plaintiff’s counsel contended that Frederick was not a competent witness; but the objection was overruled by the Court.” 

Case Citation

20 U.S. 356