King v. Mittalberger
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. I. The court erred in admitting the testimony of plaintiff King, given in response to the leading question objected to by defendant. The testimony so drawn out was the only direct testimony in the case connecting the defendant with any contract between the parties. H. The court erred in admitting against defendant’s objections the record of the case of Gatzwiler v. Morgan.
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Appeal from St. Charles Circuit Court. I. The court erred in admitting the testimony of plaintiff King, given in response to the leading question objected to by defendant. The testimony so drawn out was the only direct testimony in the case connecting the defendant with any contract between the parties. H. The court erred in admitting against defendant’s objections the record of the case of Gatzwiler v. Morgan. That testimony Was variant from the petition, which charged for services rendered in a suit instituted by defendant herself against Morgan, and under a special contract limited to that…
1Opinion of the CourtWagner, Judge
The objection taken to the admissibility of a portion of the evidence, because the question that it was in answer to was leading, cannot be held good in this court to the extent of authorizing a reversal on that ground. The question was leading in its character, but leading questions are sometimes permissible in a direct examination. When and under what circumstances they are so rests in the sound discretion of the court trying the case to determine, and its decision is not assignable for error. (Meyer v. The People’s Railway, 43 Mo. 523; 1 Greenl. Ev., § 435.)
There was no error in admitting…
2Cases cited1 opinion
- Meyer v. People's Railway Co.Supreme Court of Missouri · 1869
3Cited by12 opinions
- Turner v. ShawSupreme Court of Missouri · 1888
- Barlow v. DelaneyU.S. Circuit Court for the District of Eastern Missouri · 1889
- Boatmen's Saving Bank v. McMenamyMissouri Court of Appeals · 1889
- Cadematori v. GaugerSupreme Court of Missouri · 1901
- St. Louis & Iron Mountain Railroad v. SilverSupreme Court of Missouri · 1874
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