Cosgrove v. Tracey

Upon the trial of the case plaintiff offered in evidence the testimony of one C. E. Werlein, taken at a former trial of the same case, for the reason that Werlein was out of the state. The court admitted the portion of his testimony that it deemed material and excluded a portion thereof. Some of the evidence so tendered contained immaterial matter and was offered as a whole to the trial court. This, we think, was properly refused to be admitted in evidence in its entirety. The court is under no duty to sort out admissible matter, but when a portion of such testimony is incompetent may reject…