Cogdill v. Scates

SHARP, Chief Justice.

This appeal involves the question to what extent and under what circumstances a party is bound by his own adverse testimony in the trial of his case. This “has been characterized as one of the most troublesome questions in the law of evidence and has been the subject of much diversity of judicial opinion.” 32A C.J.S. Evidence § 1040 (3) (1964). Specifically, the question here presented is: Upon the trial of an action, may a party under no disability who (1) deliberately and unequivocally repudiates the allegations in the pleadings upon which she has based her claim for…