Dorrance v. McAlester
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Southern District. C. B. Kilgore, Judge. Suit by Mary Dorrance against James J. McAlester, as United States Marshall and Nix, Halsell & Co., for recovery of the value of certain property, alleged to have been taken from her under a writ of attachment. Judgment for defendant. Plaintiff appeals. One M. W. Oziah was engaged in the grocery business at Purcell, Indian Ter., and resided with his family at Lexington, Okl.
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Appeal from the United States Court for the Southern District. C. B. Kilgore, Judge. Suit by Mary Dorrance against James J. McAlester, as United States Marshall and Nix, Halsell & Co., for recovery of the value of certain property, alleged to have been taken from her under a writ of attachment. Judgment for defendant. Plaintiff appeals. One M. W. Oziah was engaged in the grocery business at Purcell, Indian Ter., and resided with his family at Lexington, Okl. Plaintiff, Mrs. Dorrance, was a half-sister to Oziah. On the 11th day of June, 1894, Oziah borrowed 1500 from his neighbor Ida Blackburn…
1Opinion of the CourtSpringer, C. J.
(after stating the facts.) The errors assigned in this case will be considered in detail.
The first error assigned is to the effect that the court erred in allowing defendants’ counsel to interrogate witness Oziah, on cross examination, as to matters not brought out in the direct examination, unless defendant first make Oziah his own witness, and that the court erred in stating to the jury that defendant was not bound by such testimony. It is the rule in most of the states of this country that the cross-examination must be limited to the matters stated in the examination in chief, and, if the…
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