Schnase v. Goetz
North Dakota Supreme Court
Action by John Schnase against Sam Goetz. Verdict for plaintiff, and, from an order denying a new trial, defendant appeals. It is error to draw out irrelevant statements on cross-examination and then contradict them by other witnesses.
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Action by John Schnase against Sam Goetz. Verdict for plaintiff, and, from an order denying a new trial, defendant appeals. It is error to draw out irrelevant statements on cross-examination and then contradict them by other witnesses. People v. Hillhouse, 45 N. W. 484; George v. State,' 20 N. W■ 311; Morris v. Atlantic Railway Co., 116 N. Y. 552, 22 N. E. 1097; Madden v. Koester, 3 N. W. 790; Curran v. Percival, 32 N. W. 213; McDonald v. McDonald, 34 N. W. 276; McDuffee v.Bently, 43 N. W. 123; Atchison, T. & S. F. Ry. Co. v. Townsend, 17 Pac. 804; Denver Tramway Co. v. Owens, 36 Pac. 848;…
1Opinion of the CourtSpalding, J.
A verdict was rendered in respondent’s favor for $320 in an action for damages resulting from an assault committed by the appellant. This appeal is from an order denying a motion for a new trial. ■ Numerous errors are assigned, but it is not necessary to consider all of them.
1. The defendant testified on direct examination that, prior to the assault and on the same day, the plaintiff came to his blacksmith shop in Anamoose and accused him of having been one of a party who. tore down and turned up his (plaintiff’s) blacksmith shop in the summer of 1902. The court, over objection, permitted…
2Cases cited5 opinions
- State v. KentNorth Dakota Supreme Court · 1896
- State v. McGaheyNorth Dakota Supreme Court · 1893
- State v. MalmbergNorth Dakota Supreme Court · 1905
- State v. HaynesNorth Dakota Supreme Court · 1897
- Becker v. CainNorth Dakota Supreme Court · 1899
3Cited by10 opinions
- Clark v. JosephsonNorth Dakota Supreme Court · 1954
- Buehner v. HoevenNorth Dakota Supreme Court · 1975
- Williams v. United StatesCourt of Appeals for the Eighth Circuit · 1924
- State v. FuryNorth Dakota Supreme Court · 1925
- Peterson v. BoberNorth Dakota Supreme Court · 1952
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