Carpenter v. Ginder
Wisconsin Supreme Court
This case was precisely similar to the preceding, with the single exception that, after the said John Pettifer had been called as a witness, and testified against the objection of the opposite party, and the plaintiff had rested his case, the defendant recalled Pettifer and examined him. The counsel for the defendant in error insisted that this was a waiver by the defendant below, of all objection to the witness on the ground of competency.
1Opinion of the Court
By the Court-,
Whitob, C. J.
The questions involved in this case, are the same, precisely, as those which were involved in the case of Carpenter, et al. vs. Moser, decided at the present term of this court, except that Pettifer, after his testimony, had been taken on behalf of the plaintiff below, was called by Carpenter to testify. This, it is contended by the defendant in error, was a waiver of all objection to the witness on the part of Carpenter, and made him competent. In support of this proposition we are referred to the cases of 7 J. R. 179; Miller vs. Starks, 13 J. R. 517; 4 Watts &…
2Cases cited1 opinion
- Jackson ex dem. Eden v. VarickNew York Supreme Court · 1827
3Cited by1 opinion
- Bozicevich v. Kenilworth Mercantile Co.Utah Supreme Court · 1921