Chambers v. Elliott

This action involves the contest of a will on the ground of insanity of the testator. The verdict of the jury in the trial court was in favor of the validity of the will. A motion for new trial was filed and was sustained; whereupon defendant appealed from that order.

Two grounds were stated by the circuit court for granting a new trial. One of them was that error was committed in admitting improper evidence. The record of a justice of the peace showing that the testator was acquitted of a charge of assault and battery on his brother Lewis, was allowed to be introduced over the objection of…