Joseph Story

“ And we wish it to be understood as a general rule, that where there are various bills of exceptions filed according to the local practice, if in the progress of the cause the matters of any of those exceptions become wholly immaterial to the merits, as they are finally made out at the trials, they are no longer assignable as error ”

“ It is not competent for a party to insist upon the effect of one part of the papers constituting his own evidence, without giving the other party the benefit of the other facts contained in the same papers. We think then, that the assignment to Burd and Miller were sufficiently in evidence upon the defendant's own proofs, to entitle the plaintiff to deduce his title to the lot in controversy, without the introduction of the copies of the deeds of assignment, which were offered and rejected. ”

“ In the ordinary course of things, the party offering such evidence is understood to wave any objection to its competency as proof. But, without insisting upon this consideration, it is manifest, that if the proceedings in bankruptcy admitted by the court were competent evidence at all, they established the fact not only of the bankruptcy of Greenleaf, and the issuing of a commission against him, and the appointment of commissioners, but also of an assignment of his estate by them, first to Burd, and afterwards to Miller. ”