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lIOUSi; WAUllANTV. 



to be required to give it, so as to be cross-examined 

 upon it, and tlius liavo tlie value of his evidence 

 tested. After tlio veterinary surgeon or other 

 authority has been examined, then the comphiinant 

 sliould bring forward his evidence as to the price 

 the horse sold for by auction, the expense he was 

 put to in keeping the animal, and generally as to 

 all the other items which make up his claim. If 

 he can bring any witnesses to prove that the other 

 side know that the horse was not of the character 

 or quality warranted ; for instance, if the horse is 

 found to be lame, anyone to whom the defendant tir 

 seller complained of the horse's previous lameness, 

 would be an invaluable witness; or if it is found 

 to be vicious, the evidence of any person to whom 

 the defendant has admitted tlie vice while ho 

 owned the horse, or who has seen it do vicious acts 

 when the defendant was i)resent, because siu-h 

 evidence would be almost conclusive of fraud, and 

 fraud, as lawyers say, vitiates everything, and jiroof 

 of it will rescind any sale, whether there has been 

 a warranty or not. After the plaiutilf and his 

 witnesses have fiui.shed their account of the trans- 

 action, the defendant is entitled lo tell the court 

 his version of the athiir, :ind call his witnesses lo 

 rebut or deny the account given by the plaintill', 

 and, finally, the plaintiff may address the judge, 

 or Ihc jury if there is one, on the whole case; but 

 nothing said by any advocate can make uj) for 

 careful preparation of the evidence to be given, 



