Butler v. Butler
U.S. Circuit Court for the District of Connecticut
MOTION for a new trial. This was an action upon the covenants in an indenture , . , . , or apprenticeship, by the master against the defendant, who had bound his son an apprentice to the plaintiff. At the trial to the jury, the defendant offered the depo- . . J r sition of ¿irnos Butler, the apprentice, in evidence.
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MOTION for a new trial. This was an action upon the covenants in an indenture , . , . , or apprenticeship, by the master against the defendant, who had bound his son an apprentice to the plaintiff. At the trial to the jury, the defendant offered the depo- . . J r sition of ¿irnos Butler, the apprentice, in evidence. To show that this deposition ought not to be admitted, and that jmos Butler was interested in the event of the suit, • p 7 the plaintiff offered one Ensign as a witness to prove, by acknowledgments of the defendant, that Amos Butler an interest in the event of the cause. This was…
1Opinion of the Court
By thf, Court, Griswold, Judge,
dissenting.
It is a settled rule, that the interest of a witness may be shown, by the testimony of others, or from the witness himself: and the party challenging has his choice of either mode of proof, but not of both; for it is not reasonable, that the party should he permitted to sport with the conscience of the witness, when he has other proof of interest. It is immaterial whether a witness be examined as to his interest under the form of the voire dire, or under the general oath to witnesses: in either case, an appeal is made to him under oath.
Depositions are…
2Cited by3 opinions
- Hosack's Executors v. RogersNew York Supreme Court · 1840
- Stebbins v. SackettSupreme Court of Connecticut · 1824
- Day v. StickneyMassachusetts Supreme Judicial Court · 1867