State ex rel. Steigerwald v. Thomas

The principal question in this case is thus presented by the record: “ The plaintiff called William Johnson, a competent witness of full age, to the stand, who tvas thereupon duly sworn by the clerk. Thereupon the defendant asked the witness the following preliminary question : ‘ Were you present in the court-room during the examination of the witnesses, and did you hear their testimony ? ’ and the witness answered, ‘ Yes, but I did not know I was to be a witness.’ The defendant thereupon objected to the examination of said witness on the following grounds : Because the court, at the…