Howland v. Jenks
Wisconsin Supreme Court
ERROR TO RACINE CIRCUIT COURT. On the trial of this case, Richmond W. Howland, one of the defendants, was called and sworn as a witness on the part of the defendants. During the examination of the witness by the deiendants’ counsel, the counsel for the plaintiff interrupted the examination by propounding to the witness a question relative to the subject matter of inquiry, but not relating to his interest, or in any manner pertaining to cross-examination.
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ERROR TO RACINE CIRCUIT COURT. On the trial of this case, Richmond W. Howland, one of the defendants, was called and sworn as a witness on the part of the defendants. During the examination of the witness by the deiendants’ counsel, the counsel for the plaintiff interrupted the examination by propounding to the witness a question relative to the subject matter of inquiry, but not relating to his interest, or in any manner pertaining to cross-examination. The defendants’ counsel objected to the interruption because he was not through with the direct examination of the witness. The Court…
1Opinion of the Court
*58 By the Court,
Smith J.
We have been furnished with no briefs and but meager argument, probably for the reason that counsel did not think the question of sufficient importance to require a brief of points or reterence to authorities. But we have looked into the record, and upon its inspection are of the opinion that the court below erred, in permitting the counsel for the plaintiff in error to be interrupted in the examination of the party called as a witness. The statute allows a party to be examined as a witness. Being a witness the regular course of examination must be pursued. If it were…
2Cited by1 opinion
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