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CRAIG V. SMITH, 100 U. S. 226 (1879)

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U.S. Supreme Court

Craig v. Smith, 100 U.S. 226 (1879)

Craig v. Smith

100 U.S. 226


1. Papers properly belonging to the files of a court should not be removed therefrom except in cases of positive necessity. When, therefore, an appeal is taken, no order for transmitting such papers ought to be made unless the

actual inspection of them as originals is required to enable the appellate court to give them their just and full effect in the determination of the suit.

2. Where, on an appeal, papers have been improperly sent here, the order of the court below will be closely examined to determine whether they are included in its terms.

3. Where, in a case involving the infringement and validity of letters patent, the circuit court, on the allowance of an appeal from its final decree, directed its clerk to transmit with the transcript "the original exhibits, patent certificates, schedules, drawings, and models on file, along with and as part of the record and transcript," held that certain affidavits sent here, but not copied into the transcript, although they had been filed as "exhibits" with the bill and the answer thereto, and by consent treated and read as depositions chanroblesvirtualawlibrarychanroblesvirtualawlibrary

Page 100 U. S. 227

on the hearing below, cannot be considered here as proofs in the cause, as they are not embraced by the order the purpose of which was to send what had been exhibited below, as contradistinguished from what had been read.

4. Allowing, under a bill of review, the introduction of newly discovered evidence to prove facts in issue on the former hearing rests in the sound discretion of the court, to be exercised cautiously and sparingly and only under circumstances which render it indispensable to the merits and justice of the cause.

The facts are stated in the opinion of the Court.

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