Barker v. Hebbard
Michigan Supreme Court
Error to Wayne. (Gartner, J.) Case. Plaintiff brings error. The facts are stated in the opinion. 1. We did not offer to have plaintiff “testify at all,” but that the stenographer should testify as to plaintiff’s evidence given on the former trial.
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Error to Wayne. (Gartner, J.) Case. Plaintiff brings error. The facts are stated in the opinion. 1. We did not offer to have plaintiff “testify at all,” but that the stenographer should testify as to plaintiff’s evidence given on the former trial. If the testimony of the deceased defendant had been also given, how could it have been said that the dead man was testifying? Unless the words, “admitted to testify at all,” are extended by implication, the statute has nothing to do with the case, the intention o£ which is well stated by Christiancy, J., in Wright v. Wilson, 17 Mich, 201. 2. If we…
1Opinion of the CourtGrant, J.
Plaintiff sued Charles B. Hebbard to recover damages for alleged false representations as to the size of a piece of land which she purchased through defendant as agent for one Holmes. The suit was once tried during the life-time of Charles B. Hebbard, when both he and the plaintiff testified as to the transaction. That verdict was set aside, and a new trial ordered.
After showing upon the second trial that Mr. Hebbard had died since the first trial, and that both he and the plaintiff then gave testimony, and were examined and cross-examined, counsel for plaintiff offered that the testimony of…
2Cases cited2 opinions
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