Story v. Maclay
Montana Supreme Court
Rehearing of the case reported in 3 Mont. 480. Appealed from first district, Gallatin county. Three propositions are discussed in the opinion in this case, in 3 Montana, p. 480, which will be considered in their order. 1. The transcript shows that the appellants objected to the testimony of the respondent, on the ground that it was incompetent. No objection was made in the court below to the competency of Story as a witness, and the same is deemed waived.
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Rehearing of the case reported in 3 Mont. 480. Appealed from first district, Gallatin county. Three propositions are discussed in the opinion in this case, in 3 Montana, p. 480, which will be considered in their order. 1. The transcript shows that the appellants objected to the testimony of the respondent, on the ground that it was incompetent. No objection was made in the court below to the competency of Story as a witness, and the same is deemed waived. Under the issues the testimony of respondent was competent. A party must lay his finger on the point of his objection to the admission or…
1Opinion of the CourtWade, C. J.
This cause was heard at the August term, 1880, and is reported in 3 Mont. 480. We see no reason for disturbing the decision then rendered.
A witness may draw a map or plat to illustrate his testimony, but before doing so it ought to appear that he has some knowledge of what he is doing. A total stranger to a mine, a house or tract of ground would not be permitted to draw a plat of the same from mere hearsay, and exhibit the same to a jury to explain or illustrate his testimony. And all that the former decision decides in this regard is that a witness who attempts to draw a map of a country…
2Cases cited1 opinion
- Story v. MaclayMontana Supreme Court · 1880