Davis v. Mackle

Gunby, J. The common law rules of evidence, by which courts are governed in this State, allow defendant to offer evidence in reply to plaintiff’s rebuttal evidence, only when the latter has gone into matters and issues not raised or inquired into in defendant’s evidence, nor in plaintiff’s evidence in chief. In all other cases, the reopening or extension of the right to introduce evidence is confided to the sound discretion of the lower court.