Walmsley v. Robinson
Illinois Supreme Court
Writ of Error to the Circuit Court of McLean county; James S. Ewing, Esq., acting Judge, presiding, by consent of the parties.
1Opinion of the CourtJustice Bbeese
This was an action of assumpsit, to recover damages for an alleged breach of a marriage contract.
Among the witnesses for the plaintiff was her sister Libbio, who was permitted to testify, against the objections of the defendant, what the plaintiff had told her about a marriage engagement between her and the defendant, and this in the absence of the defendant.
This testimony should not have been admitted; it was hearsay, and therefore objectionable. A party can not make testimony for himself to be given to the jury through the lips of another.
The eighth instruction given for the plaintiff was…
2Cited by8 opinions
- O'Leary v. Scullin Steel CompanySupreme Court of Missouri · 1924
- Johnson v. LeggettSupreme Court of Kansas · 1882
- Wood v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1904
- Osmun v. WintersOregon Supreme Court · 1894
- Smith v. HenryAppellate Court of Illinois · 1892
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