Majority
p. 162E. Weed, by N. Weed, his Guardian, against Ellis.
Headnote
A younger issue tried, no proof that an older might have been heard.The Court ruled that a younger issue being tried, is not always conclusive that a cause might have been brought
p. 163
on.[1] At a circuit the judge will sometimes . take up a cause he may think short, when he will not enter into a long one.
Radcliff and Livingston, Justices, absent.
(a) (a) S. P. Jackson v. Valentine, 3 Caines’ Rep. 128 . See Jackson v. Chamberlin, post, 171.