Burke v. Burke

JUSTICE, PJ.

The trial court, over the objection and exception of the defendant received in evidence a certain conversation between plaintiff’s mother and defendant’s mother, which occurred without the presence of the parties and without their knowledge, but the substance of which was thereafter communicated to them. In admitting this conversation in evidence, the trial court erred, but not to the prejudice of the defendant, as the utterances of the plaintiff’s mother therein tend to impeach testimony theretofore given by her to the effect that the defendant had never told her he desired to…