Simon v. Carroll

Matson, Justice.

In each of four actions consolidated for trial defendant Carroll appeals from an order denying his motion for judgment notwithstanding the verdict or a new trial.

We are here concerned with the following issues: (1) The right of a party who is both plaintiff and defendant in a joint trial to appear in each capacity by a separate set of attorneys, (2) whether an attorney who appears for a party in his capacity as a defendant may cross-examine a witness who appears for the same party in his capacity as a plaintiff, (3) the foundation necessary for testimony as to the reputation…