U.S. Circuit Court for the District of Southern New York April 21, 1891 (Adee v. J. L. Mott Iron-Works)

ShipMAN, J.

The motion to exclude the testimony of Mr. Briesen from the printed record, the object of the motion being to exclude the testimony from the record upon appeal in case an appeal is taken, is denied. Testimony in an equity suit, which has been objected to and ruled out, should properly be sent with the record to the supreme court. Blease v. Garlington, 92 U. S. 1.