Crowther v. Gibson
Supreme Court of Missouri
Appeal from Cooper Circuit Court. Evidence of the declarations of the plaintiff’s son was inadmissible. The plaintiff could not be permitted to prove the veracity of her own witness, by showing that, previous to the trial, he had made statements which corresponded with his testimony at the trial. 1 Greenleaf’s Ev. §469. 1 Phill. Ev. chap. 8, p. 3 and 7 et seq. (3d Am. from 3d London ed.) Buller’s N. P. 294. 1 Peters’ C. C. R. 203. Note 533 to 2d vol.
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Appeal from Cooper Circuit Court. Evidence of the declarations of the plaintiff’s son was inadmissible. The plaintiff could not be permitted to prove the veracity of her own witness, by showing that, previous to the trial, he had made statements which corresponded with his testimony at the trial. 1 Greenleaf’s Ev. §469. 1 Phill. Ev. chap. 8, p. 3 and 7 et seq. (3d Am. from 3d London ed.) Buller’s N. P. 294. 1 Peters’ C. C. R. 203. Note 533 to 2d vol. Phill. on Ev. by Cowan & Hill, p. 776-7-8, and authorities there cited. It cannot be said that the declarations were a part of the res gestae,…
1Opinion of the CourtScott, Judge
This was an action for a horse, which was claimed by both of the parties to the suit. The dispute was, whether a horse in the possession of the defendant, which he had purchased, was the horse of the plaintiff, which had strayed from her. A witness for the plaintiff, her son, testified that he had learned the plaintiff’s pony to kneel, by taking hold of the bridle, touching him on the knee, and commanding him, by his name, (Charley,) to kneel; that the pony in the possession of the defendant, claimed by his mother (the plaintiff) would perform that feat; that he had tried him in the presence…
2Cases cited2 opinions
- Hawkins v. StateSupreme Court of Missouri · 1841
- Riney v. VanlandinghamSupreme Court of Missouri · 1846
3Cited by1 opinion
- Griffith v. JudgeSupreme Court of Missouri · 1872