Wilson v. Maddock

By the Court,

Shattuck, J.:

The only ground of error assigned and insisted on in this case, is the refusal of the court below to allow the plaintiffs counsel to ask of the witness Scott the following question, to wit: “Do you know who is the owner of the property described in the complaint, according to common reputation?”

The issue on trial between the appellant and the respondent was as to the ownership of certain personal property, and the proposal to put this question assumes that ownership of property may be proved by common reputation.

The objection to the question is twofold: that the…