Roth-Schlenger, Inc. v. Schlenger

The suit is before me on the return of an order to show cause why defendant should not be enjoined pending final hearing. A preliminary question is raised by a motion to suppress portions of affidavits submitted by defendant on the ground that they are immaterial and incompetent. Defendant upholds their materiality on the theory that they show bias on the part of complainant's affiants.

The bias of a witness may be proved either by cross-examination or by other proof and should be considered by the trier of the facts when weighing the evidence of the witness under attack. Lambeck v. Stiefel,…