Lebcher v. Lambert
Utah Supreme Court
Appeal from the Third District Court, Salt Lake Oounty.— Hon. A. O. Norrell, Judge. Action upon a promissory note. Erom a judgment for defendant plaintiff appealed. The court erred in allowing certain witnesses, for the defense, to give expert testimony by comparing the signature of David Lebeher, on the back of the note in question, with certain unproven signatures attached to letters purported (not proven or admitted) to have been written or signed by David Lebeher.
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Appeal from the Third District Court, Salt Lake Oounty.— Hon. A. O. Norrell, Judge. Action upon a promissory note. Erom a judgment for defendant plaintiff appealed. The court erred in allowing certain witnesses, for the defense, to give expert testimony by comparing the signature of David Lebeher, on the back of the note in question, with certain unproven signatures attached to letters purported (not proven or admitted) to have been written or signed by David Lebeher. The true rule, as laid down by Mr. Rogers in his work on Expert Testimony (1 Ed.), section 142, is: “That the proof of the…
1Opinion of the CourtMcCarty, District Judge
Appellant relies mainly upon two assignments of error for reversal of the judgment in this ease. The first error alleged is, that the court erred in allowing witnesses for the defendant to testify as to the genuineness of the signature of David Lebcher upon the back of the note in question by comparison with what appellant claims to be the unproven signatures to certain letters purported to have been written and signed by said Lebcher. No objections were made nor exceptions taken *10to tbe introduction and admission of this evidence. Counsel for appellant having remained silent and permitted tbe…
2Cases cited4 opinions
- Goshen National Bank v. BinghamNew York Court of Appeals · 1890
- Jones v. BuffumIllinois Supreme Court · 1869
- Thirkfield v. Mountain View Cemetery Ass'nUtah Supreme Court · 1895
- Hubbard v. GalushaWisconsin Supreme Court · 1868
3Cited by6 opinions
- Merrill v. KohlbergCalifornia Court of Appeal · 1916
- Aaron v. HolmesUtah Supreme Court · 1908
- Wiltsee v. UtleyCalifornia Court of Appeal · 1947
- McCall Co. v. JenningsUtah Supreme Court · 1903
- Kendall v. MetrozSupreme Court of Colorado · 1918
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