Melville Fuller

“ The practice of permitting affidavits to be filed in this court arose from instances of accidental omission, where the value was not really in dispute, and it should not be encouraged to the extent of requiring us to reach a result upon that careful weighing of conflicting evidence, so frequently involved in determining issues of fact. ”

“ Blair, it was declared to be good practice for the circuit court to allow affidavits and counter-affidavits of value to be filed, as calculated to save trouble to the parties and to the court. There, as in the case at bar, the district judge holding the circuit court, without the formality of deciding the question of value, allowed the writ of error, thus sending the case here on the affidavits free from any decision whatever as to their effect. ”

“ If there be a real controversy on the point, let it be settled below in the first instance, and on due notice; not here upon ex parte opinions, which may embody nothing more than speculative conclusions. ”