Legal Opinion

Card v. Foot

Supreme Court of Connecticut

Decided September 9, 1889PublishedCited by 13 opinions

Action to recover the value of certain bonds of the plaintiff claimed to have been in the possession of the defendant; brought to the Superior Court in New Haven County, and tried to the jury before Andrews, J. Verdict for the plaintiff, and appeal by the defendant for error in the rulings of the court. The case is sufficiently stated in the opinion.

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Action to recover the value of certain bonds of the plaintiff claimed to have been in the possession of the defendant; brought to the Superior Court in New Haven County, and tried to the jury before Andrews, J. Verdict for the plaintiff, and appeal by the defendant for error in the rulings of the court. The case is sufficiently stated in the opinion. I. The court erred in admitting in evidence the record of the justice of the peace, showing the conviction of the defendant by him for a breach of the peace. At common law persons convicted of infamous crimes were excluded from being witnesses.…

1Opinion of the CourtTorrance, J.

It appears from the record in this case that, prior to the trial in the court below, the defendant had been convicted before a justice court of a simple assault and breach of the peace, and sentenced to pay a fine of seven dollars; that he had taken an appeal from the judgment to the Superior Court, and that in that court a nolle prosequi had been entered in the case.

At the trial below the court, against the objection of the defendant, allowed the plaintiff to introduce the record of the conviction in evidence for the purpose of affecting the credit of the defendant as a witness. In rebuttal…

2Cases cited5 opinions

  1. Bartholomew v. PeopleIllinois Supreme Court · 1882
  2. Curtiss v. BeardsleySupreme Court of Connecticut · 1843
  3. State v. RandolphSupreme Court of Connecticut · 1856
  4. Wickwire v. StateSupreme Court of Connecticut · 1849
  5. Gallup v. ManningSupreme Court of Connecticut · 1880

3Cited by13 opinions

  1. State v. MoynahanSupreme Court of Connecticut · 1973
  2. State v. NardiniSupreme Court of Connecticut · 1982
  3. Drazen v. New Haven Taxicab Co.Supreme Court of Connecticut · 1920
  4. Kurtz v. FarringtonSupreme Court of Connecticut · 1926
  5. State v. PayneWashington Supreme Court · 1893

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