Legal Opinion

Cities Service Oil Co. v. Burkett

Ohio Supreme Court

Decided July 8, 1964No. 38389Published

1Opinion of the CourtZimmerman, J.

The first question before this court for decision is whether the trial court committed prejudicial error in *452permitting defendants on the cross-examination of plaintiff’s witness to show that the mortgaged property was surrendered to plaintiff, and that it was sold by plaintiff without written notice to defendants.

Undoubtedly, the proper time for the introduction of evidence in support of a litigant’s own case is during the introduction of his evidence in chief, and it is usually improper during the cross-examination of an adversary’s witness to elicit evidence which goes to establish such…

2Cases cited2 opinions

  1. Smith v. StateOhio Supreme Court · 1932
  2. Lisbon Diesel & Supply, Inc. v. ClementOhio Court of Appeals · 1963

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