Legal Opinion

Craig v. Rohrer

Illinois Supreme Court

Decided January 15, 1872PublishedCited by 5 opinions

Appeal from the Circuit Court of Morgan county; the Hon. Charles D. Hodges, Judge, presiding. This was an action in replevin for the recovery of certain cattle in the possession of Craig claimed by Eohrer.

Read the full summary

Appeal from the Circuit Court of Morgan county; the Hon. Charles D. Hodges, Judge, presiding. This was an action in replevin for the recovery of certain cattle in the possession of Craig claimed by Eohrer. The case is voluminous, but all that was material is embodied in the facts furnished by the opinion, in which are repeated the erroneous instructions of the court below as to the effect of testimony brought by the appellants to contradict and discredit the evidence given by the appellee in his own behalf.

1Opinion of the CourtJustice Sheldon

The giving of the following instruction to the jury in this case, is assigned as error:

“The court instructs for the plaintiff that, before the jury can allow any contradiction of the testimony of any of the witnesses to affect their credibility in this suit, the jury must be satisfied, from the evidence, that such' contradiction is not only true but is upon a matter material to the issúe in this case, and also that the testimony so contradicted was intentionally false.”

The instruction was clearly erroneous. A recognized mode of impeaching the credit of a witness is by proof that he has made…

2Cases cited1 opinion

  1. Ray v. BellIllinois Supreme Court · 1860

3Cited by5 opinions

  1. Brown v. Calumet River Railway Co.Illinois Supreme Court · 1888
  2. Taussig v. SchieldsMissouri Court of Appeals · 1887
  3. Day v. SampsellAppellate Court of Illinois · 1909
  4. Kerr v. HodgeAppellate Court of Illinois · 1891
  5. General Exchange Insurance v. McRoyAppellate Court of Illinois · 1932

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API