Gillett v. Wimer

RylANd, Judge,

delivered the opinion.of the court.

The only question considered material in this case is the one arising from the refusal of the court below to give the following instruction asked for by the defendants: “ If the jury believe from the evidence that the witness (Cross) wilfully testified falsely with regard to any material fact, they are authorized to discard the whole of his testimony.” From the record, we see-that there was but one witness for the plaintiff, the witness Cross ; and that his testimony was contradicted by other witnesses, on the part of the defendants. So the…