Opinion

Austin v. United States

  • 4 Ct. Cust. 313
  • 1913 CCPA LEXIS 103
  • 1913 WL 19863
Court
Court of Customs and Patent Appeals
Filed
May 29, 1913
Status
Published
Author
Barber
On the bench
Barber, Martin, Montgomery, Smith, Vries
Cited by
7 cases

The opinion

CONCURRING OPINION.

Barber, Judge,

specially concurring: As appears from the opinion of the court, a material issue was whether or not the importation was vegetables, and that evidence as to the commercial or trade understanding as to what are vegetables was relevant.

*320 The importers asked questions of witnesses who seem to be competent to testify on the subject, and who would, if permitted to answer the same, it must be presumed in view of the record set forth in the main opinion, have given testimony relevant to that- question. The •evidence was excluded under objection, and exception and error predicated thereon is duly assigned here. In my opinion this was •error requiring a reversal and for that reason alone I concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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