McKiernan v. Hall
New York County Courts
Appeal from a judgment rendered on the 16th day of December, 1908, by J. A. ¡Newell, .a justice of the peace, on a verdict of a trial jury, in favor of Thomas McKiernan and against William Hall. The appellant asks a reversal of the justice’s court judgment on the ground that the justice admitted improper evidence against the objection of appellant and that the judgment is against the weight of evidence.
Read the full summary
Appeal from a judgment rendered on the 16th day of December, 1908, by J. A. ¡Newell, .a justice of the peace, on a verdict of a trial jury, in favor of Thomas McKiernan and against William Hall. The appellant asks a reversal of the justice’s court judgment on the ground that the justice admitted improper evidence against the objection of appellant and that the judgment is against the weight of evidence. It is claimed by the appellant that the question to witness William J. Hall on cross-examination, “ Did you tell Pat Bulger you got this lamb from Pool; that you went over to Pool’s and got…
1Opinion of the CourtKellogg, J.
The first question presented is whether the question to Wm. J. Hall, on cross-examination, as to conversation with Patrick Bulger was improperly admitted.
Every witness under cross-examination in any proceeding may be asked whether he has made any former statement relative to the subject-matter of the proceeding and inconsistent with his present testimony, the circumstances of the supposed statement being referred to sufficiently to designate the particular occasion. This rule only applies when the testimony of the adversary’s witness which is to be contradicted is relevant to the issue. It is…
2Cases cited5 opinions
- Sloan v. . the New York Central R.R. Co.New York Court of Appeals · 1871
- Ankersmit v. . TuchNew York Court of Appeals · 1889
- Gaffney v. . the PeopleNew York Court of Appeals · 1872
- Budlong v. Van NostrandNew York Supreme Court · 1857
- Plyer v. . German American Insurance CompanyNew York Court of Appeals · 1890
3Cited by1 opinion
- In re the Judicial Settlement of the Account of Proceedings of MandelbaumNew York Surrogate's Court · 1913