
    Henry T. Sanger v. Wesley Truesdail.
    "Where one party to a cause, in this court, concedes that the judgment of the court must be for his adversary, to the full extent of what he could claim on. argument, the court will not hear an argument, for the purpose of expressing their • opinion on points thus rendered unnecessary to a decision of the cause.
    
      Heard and decided July 12th.
    
    Question reserved from • St. Clair Circuit in Chancery.
    Defendant had interposed a plea to the hill of complaint, and the Circuit Judge reserved, for the opinion of this court, the'question whether the matters pleaded constituted in law a bar to the bill of complaint.
    On the case being now called, A. Pond and IT. IE. Emmons, for defendant, stated that they were satisfied the plea was too broad, and therefore bad, and must be overruled.
    
      P. G. Eoibroole, and S. T. Pouglass, contra, clainied a right to be heard on the merits presented by the plea. They stated that’they should take no objection whatever to the form, of the plea, and they insisted that the court ought to pass only upon the points which they made.
   By The Court:

.It is conceded here, on both sides, that the plea is bad. This is the only question on which the court below has asked of us our opinion; and when this is disposed of, any further advice we might give the court below would be quite outside the record, an argument in the case.

We will not, therefore, hear 
      
      In the caso of The Michigan Southern and Northern Indiana Railroad Co. v. Danis, which camo oil for hearing at the May Term, 1859, counsel for defendant in error, on the cause being called, conceded that thoro were some errors in the record, and that the judgment must be reversed. Nmmons, for plaintiff in error desired to be heard on other points, which he thought ought to be passed upon by the court, but the court declined to hear the argument.
     