McLear

This is a separate appeal in the same case as No. 13720, McLear v. Hapgood, ante, p. 555. The only ground relied upon here is, that the defendants were surprised by the discovery, at the trial, of a material alteration in a document introduced in evidence by the plaintiff, viz., the interlineation of the word *558 “ surplus” in such document. The position is, that if the defendants could have shown that this word was inserted after the execution of the document, the plaintiff would be estopped by the recitals of the instrument, and that their motion for a continuance should have been granted, for the purpose of enabling them to obtain the evidence of experts, and of the defendant A. D. Black, in relation to the matter. It is the rule, howmver (subject to but few exceptions), that a party claiming to be surprised must move for a continuance at the earliest practicable moment. ' He is not ordinarily allowed to wait until he sees how the case is going before he makes his motion. In the present case it appears that the document in question was introduced as part of the plaintiff’s case; that the defendant, who appeared in propria persona, and for his co-defendants, saw the duplicate…