Page:Federal Reporter, 1st Series, Volume 3.djvu/103

 96 PBDEBAIj bepobtbr. �claimed to have been omitted is calculated to affect the de- cision. �It is possible, therefore, that the parties in pressing and opposing thia application are impelled by some motive not fully disclosed ; but, however this may be, and undesirable as it is to be called on to decide a case of this character upon an imperfect exhibit of the facts, I do not think it can be proper to grant an application like the present, addressed to the favor of the court and strongly opposed, when the resuit will be to compel the plaintifif, after he has brought his case to a final hearing, and it has been submitted by both sides for decision, again to renew the contest upon additional testi- mony, and in substance with another party, in order that detriment to the interests of such third party, which it is anticipated may follow a decision in favor of the plaintiff, may be avoided. �Motion denied. ����