English v. Mitchell Cattle Co.
Wyoming Supreme Court
ERROR to the District Court, Laramie County. Hon. Joseph L. Stotts, Judge of the Fourth District, presiding. The case is fully stated in the opinion. The trial court erred in admitting in evidence the conversation between the witness, Mitchell, and one Me Fall. It was inadmissible as hearsay. (1 Greenleaf on Ev. 99, 124.) It is immaterial to any issue in the case.
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ERROR to the District Court, Laramie County. Hon. Joseph L. Stotts, Judge of the Fourth District, presiding. The case is fully stated in the opinion. The trial court erred in admitting in evidence the conversation between the witness, Mitchell, and one Me Fall. It was inadmissible as hearsay. (1 Greenleaf on Ev. 99, 124.) It is immaterial to any issue in the case. Me Fall is not sued, and unless it can be shown that he was acting as agent for the defendant, it makes no difference what he said to Mitchell. There is no evidence that he was acting as such agent. To create a contract there must…
1Opinion of the Court
Knight Justice.
This action was originally brought in attachment by defendant in error in justice court upon the claim or cause of action,— 1st, care and keeping of divers cattle belonging to said James English in the sum of one hundred dollars; 2d, for work and labor performed by_said Mitchell Cattle Company and its employees, and for use of horses and wagons used in gathering said English cattle in the sum of fifty dollars.
The justice, after hearing the evidence, gave judgment for $100 in favor of the defendant in error and against plaintiff in error, from which judgment plaintiff in error…
2Cases cited5 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Day v. CatonMassachusetts Supreme Judicial Court · 1876
- Hart v. HessSupreme Court of Missouri · 1867
- Preble v. BaldwinMassachusetts Supreme Judicial Court · 1850
- Crow v. CrowOregon Supreme Court · 1896
3Cited by2 opinions
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