Vernon v. Tucker ex rel.Tucker
Court of Appeals of Maryland
Appeal from the Circuit Court for Frederick County. This was action of assault and battery brought by Laura V. Tucker, an infant, against the appellant. The defendant having been summoned, and his appearance entered by the Court, under sec. 85, Art. 75, of the Code of Public General Laws, the plaintiff, by her attorney, moved to prosecute said suit by Edward F. Tucker, as her prochein ami.
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Appeal from the Circuit Court for Frederick County. This was action of assault and battery brought by Laura V. Tucker, an infant, against the appellant. The defendant having been summoned, and his appearance entered by the Court, under sec. 85, Art. 75, of the Code of Public General Laws, the plaintiff, by her attorney, moved to prosecute said suit by Edward F. Tucker, as her prochein ami. Without any order of Court being passed on said motion, the declaration was filed in the name of Laura V. Tucker, by Edward F. Tucker, her next friend. Pleas were filed to this nar., upon which issue was…
1Opinion of the Court
Stewart, J.,
delivered .the opinion of the Court.
Where the character of the witness is impeached by matter brought out on the cross-examination, or by evidence aliunde as to character, the witness may be sustained by evidence of good character; but it must, in either case, amount to an impeachment of the character of the witness for truth.
Contradictory testimony of different witnesses may proceed from want of equal knowledge or observation, not involving the moral character of either; but such conflict does not authorize the admission of evidence as to the general character of the witness for…
2Cases cited1 opinion
- Giles v. PerrymanCourt of Appeals of Maryland · 1827
3Cited by18 opinions
- Sloan v. EdwardsCourt of Appeals of Maryland · 1883
- McLaughlin v. StateCourt of Special Appeals of Maryland · 1968
- Nelson v. StateCourt of Special Appeals of Maryland · 1968
- Kirby v. StateCourt of Criminal Appeals of Oklahoma · 1923
- Boone v. StateCourt of Special Appeals of Maryland · 1976
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