The following excerpt is from Presidio Mining Co. v. Overton, 270 F. 388 (9th Cir. 1921):
'By empowering the trial court to pass upon the admissibility of the evidence and providing for the appellate review of questions of evidence, the [270 F. 390] rule restores the practice as it existed prior to 1842 as explained in Blease v. Garlington, 92 U.S. 1, 23 L.Ed. 521.'
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