Opinion
03-04-1886
HANN v. BARNEGAT & LONG BRANCH IMP. Co.
Mr. Ely, for complainant. Mr. Carmichael and Mr. Garrison, for defendant.
On appeal from the master sustaining an objection to the admission of testimony.
Mr. Ely, for complainant.
Mr. Carmichael and Mr. Garrison, for defendant.
BIRD, V. C. The complainant offered in evidence a certified copy of an agreement which it is claimed was recorded according to the law approved March 25, 1881, (Laws 1881, p. 279,) to the admission of which objection was made, because the paper writing of which the one offered purported to be a copy was not within the statute. The master sustained the objection, from which an appeal was taken. As to the merits of the question I shall express no opinion. But since the statute is of recent date and remedial in its nature, and designed to facilitate the establishment of trusts, and since no harm can come to the defendants by admitting the evidence at this stage, I think the certified copy should be admitted. If the paper is before the court, the merits of this branch of the case can be fully considered by the court on final hearing; if re jected now, the court will not be able to judge of the correctness of the decision of the master. To admit the paper now will greatly facilitate the proceedings, even though it is at last adjudged error so to have admitted it; for, although the court may have misjudged on this one point, there will not have been a mistrial, as there would otherwise certainly be, the consequence of which would be another hearing before the master. To my mind the case fully warrants this course. Therefore I will advise an order overruling the judgment of the master, and admitting the paper offered.