Foster v. Silvey

Bell; Judge.

The first ground of the amended motion for new trial relates to the refusal of the trial court to allow answers to questions propounded to a witness for the movant. These disapproved questions related to payments received by the witness from the defendant allegedly paid under the contract under which the plaintiff was seeking to recover. The plaintiff claimed that he and the witness were partners with the defendant and hence had identical rights against him. For this rea son, it is urged, the censured questions were pertinent to the cause and should have been admitted in evidence.

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