Atchison, Topeka & Santa Fe Railway Co. v. Rodgers
New Mexico Supreme Court
Appeal from the District Court for Bernalillo County before Ira A. Abbott, Associate Justice. Where a witness is a party to an action he may be asked on his cross-examination as'to discrepancies between his testimony and sworn allegations in his pleadings. Hall v. C. R. I. & P. Ry. Co., 51 N W. 150; Stamper v. Griffin, 12 Ga. 450; East River Natl.
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Appeal from the District Court for Bernalillo County before Ira A. Abbott, Associate Justice. Where a witness is a party to an action he may be asked on his cross-examination as'to discrepancies between his testimony and sworn allegations in his pleadings. Hall v. C. R. I. & P. Ry. Co., 51 N W. 150; Stamper v. Griffin, 12 Ga. 450; East River Natl. Bit. v. Romertze, 49 N Y. 577; McCullough v. McCullough, 12 Ind. 487; Johnson v. Armstrong, 12 Southern 73; Dawson v. Callbway, 18 Ga. 573; King v. Atkins, 33 La. Ann. 1057; Blackington v. Johnson, 126 Mass. 21; Com. v. Morgan, 107 Mass. 199;…
1Opinion of the Court
OPINION OF THE COURT.
POPE, C. J.
1 2 (after making the foregoing statement of the facts.) Most of the errors alleged are upon the admissibility of evidence. It is said, first, that the court erred “in permitting to be read to the jury, over the objection of the defendant, the deposition of W. D. Gibson, of Blackwater, Missouri.” This assignment upon its face is an objection to the admissibility of the entire deposition, and not a portion thereof. Treat-' ing it as such it is a sufficient disposition of such exception to say that the only objection urged on the trial to the whole deposition was…
2Cases cited22 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Chicago, Milwaukee & St. Paul Railway Co. v. SolanSupreme Court of the United States · 1898
- Pennsylvania R. Co. v. HughesSupreme Court of the United States · 1903
17 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. LordNew Mexico Supreme Court · 1938
- Sandoval v. ValdezNew Mexico Court of Appeals · 1978
- Wooley v. Shell Petroleum Corp.New Mexico Supreme Court · 1935
- State v. StarrNew Mexico Supreme Court · 1917
- Boggs v. AndersonNew Mexico Supreme Court · 1963
7 more not listed; retrieve them via the Exa API.