Kaspar v. Murray
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dodge county: Martin L. Lueck, Circuit Judge. Action for assault and battery with a jury verdict in favor of the defendant. One Carl Gubine was sworn for the defendant and gave material testimony about the transaction in question. On cross-examination he was asked as to whether he had made certain statements to any persons, which would have tended to contradict and impeach his direct testimony, and he denied having done so.
Read the full summary
Appeal from a judgment of the circuit court for Dodge county: Martin L. Lueck, Circuit Judge. Action for assault and battery with a jury verdict in favor of the defendant. One Carl Gubine was sworn for the defendant and gave material testimony about the transaction in question. On cross-examination he was asked as to whether he had made certain statements to any persons, which would have tended to contradict and impeach his direct testimony, and he denied having done so. The plaintiff then called as a witness Gubine’s wife and proposed to examine her as to alleged statements made to her by…
1Opinion of the CourtEschweiler, J.
The only error alleged in this appeal is upon the ruling of the trial court in-refusing to permit plaintiff to examine the wife of defendant’s witness Gubine as to alleged statements made by him to her relative to the transaction in question. ’ •
The’testimony sought to be elicited would tend to directly impeach the witness and show that he had testified falsely on material points in his direct examination as a witness for the defendant. Statements of such a nature made by one spouse to another, no one else being present,, and during coverture, are private and confidential communications…
2Cases cited9 opinions
- Hopkins v. GrimshawSupreme Court of the United States · 1897
- Commonwealth v. SpencerMassachusetts Supreme Judicial Court · 1912
- Sampson v. SampsonMassachusetts Supreme Judicial Court · 1916
- McCormick v. StateTennessee Supreme Court · 1916
- Mahlstedt v. Ideal Lighting Co.Illinois Supreme Court · 1915
4 more not listed; retrieve them via the Exa API.