Smith v. Smith
Michigan Supreme Court
Error to Genesee; Wisner, J. Case by Grace Smith against Mary E. Smith for assault and battery and resulting injuries to plaintiffs person. Judgment for plaintiff. Defendant brings error.
1Opinion of the CourtOstrander, J.
One assignment of error is based, upon an exception to a ruling admitting testimony. Upon the cross-examination of a witness, counsel for appellant had introduced a subject which, upon redirect examination of the witness, was pursued by counsel for the plaintiff. I think he was bound to pursue it unless the whole matter was withdrawn, or the apparent purpose of the first inquiry disavowed, and that under the circumstances the court ruled correctly.
A portion of the charge is criticised, but no reasonable analysis of the instruction will show it to be inaccurate. No amendment or amplification…
2Cited by3 opinions
- Brause v. BrauseSupreme Court of Iowa · 1920
- Hawley v. SniderMichigan Supreme Court · 1956
- Smith v. SmithMichigan Supreme Court · 1916