Guidewell v. Patterson
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Sterling H. McCarty, Judge. (1) “Whenever the credit of a witness is to be impeached by proof of anything he has said, or declared, or done in relation to the cause, he is first to be asked, upon cross-examination, whether he has said, or declared or done that which is intended to be proved.” Able v. Shields, 7 Mo. 120; Clementine v. State, 14 Mo. 112; Bowman v. Mining Co., 168 Mo. App. 703; Krup v. Corley, 95 Mo.
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Appeal from Pemiscot Circuit Court. — Hon. Sterling H. McCarty, Judge. (1) “Whenever the credit of a witness is to be impeached by proof of anything he has said, or declared, or done in relation to the cause, he is first to be asked, upon cross-examination, whether he has said, or declared or done that which is intended to be proved.” Able v. Shields, 7 Mo. 120; Clementine v. State, 14 Mo. 112; Bowman v. Mining Co., 168 Mo. App. 703; Krup v. Corley, 95 Mo. App. 640; Carder v. Primm, 52 Mo. App. 102; State v. Gurtner, 262 Mo. 214; Kelly v. Stewart, 93 Mo. App. 56. (2) A witness cannot be…
1Opinion of the CourtCox, P. J.
Action in replevin for possession of a cow. Verdict and judgment for plaintiff and defendant has appealed.
One 01 Patterson, a son of defendant, testified as a witness, for defendant and in rebuttal plaintiff was permitted, over the objection of defendant, to prove statements made by Patterson out of court that contradicted his testimony on the witness stand. This is assigned as error.
This evidence was admitted solely for impeachment purposes and no foundation for the admission of said testimony had been laid by interrogating the witness Pktterson in relation thereto when he was on the witness…
2Cases cited1 opinion
- Rooker v. Deering Southwesern Railway Co.Missouri Court of Appeals · 1920