Glascock v. Hays
Court of Appeals of Kentucky
Detinue,. From the Circuit Court for Breckinrid&e County. The points statftd. Where a party proves what his adversary has said, all he sajd on the subject, at thetime,must, in general, be admitted; and if an answer to a bill of discovery is used,the whole must, in general; be read. The respondent is not bound to confino himself to the special interrogatories.
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Detinue,. From the Circuit Court for Breckinrid&e County. The points statftd. Where a party proves what his adversary has said, all he sajd on the subject, at thetime,must, in general, be admitted; and if an answer to a bill of discovery is used,the whole must, in general; be read. The respondent is not bound to confino himself to the special interrogatories. But a conversation, or an answer, may include impertinent matter, that ought not to be received: therefore, where part of an answer was excluded, and there is nothing to show what that part contained, this courf can not decide that it…
1Opinion of the CourtChief Justice Robertson
Elizabeth Hays having obtained a judgment in detinue against William Glascock, for a male slave, he prosecutes this writ of error, and relies on three grounds for a reversal:—that is, first, that the Circuit Court erred in permitting a part only of an answer filed by him, to a bill of discovery, to be read, and in refusing to allow the reading of the entire answer; second, that the Court erred in instructing the jury, that they had a right to *59'find the whole value of the slave, even though the plaintiff in the action was entitled to a life estate only; and, ■third, that the Court also, erred…
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