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" It is a well settled rule that a witness cannot be cross-examined as to any fact which is collateral and irrelevant to the issue, merely for the purpose of contradicting him by other evidence, if he should deny it, thereby to discredit his testimony. "
California Legal Record - Side 64
1878
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Reports of Civil and Criminal Cases Decided by the Court ..., Volum 14;Volum 77

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1879 - 942 sider
...Commonwealth 180 2, A WITNESS CAN NOT BE CROSS-EXAMINED AS TO ANY FACT WHICH IB COLLATERAL AND IRRELEVANT, merely for the purpose of contradicting him by other evidence, if he should deny it, and thereby to discredit his testimony. (Cornelius v. Commonwealth, 15 B. Mon. 539; Starkie on Evidence,...
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Reports of Civil and Criminal Cases Decided by the Court ..., Volum 5;Volum 153

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1913 - 996 sider
...Contradicting Him. — lt is a rule of evidence that a witness cannot be cross-examined on facts which are collateral and irrelevant to the issue, merely for the purpose of contradicting him, his answers about such facts being conclusive against the party calling for them. 4. Evidence — When...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volum 125

Alabama. Supreme Court - 1901 - 892 sider
...witness cannot be cross-examined as to any fact, which is collateral and irrelevant to the issues, merely for the purpose of contradicting him by other evidence, if he should deny them, and thereby discredit his testimony. And if a question is put to the witness which is collateral...
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Message of the President of the United States Communicating the Proceedings ...

James Knox Polk - 1848 - 462 sider
...vol. 1, page 526: " But it is a well settled rule that a witness cannot be cross-examined as to any fact which is collateral and irrelevant to the issue...deny it, thereby to discredit his testimony." And so says Starkie, page 189: " It is to be here observed that a witness is not to be crossexamined as...
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A Treatise on the Law of Evidence, as Administered in England and ..., Volum 2

John Pitt Taylor - 1848 - 756 sider
...be put to a witness on cross-examination, respecting any fact irrelevant to the issue, for the mere purpose of contradicting him by other evidence, if he should deny it, and of thus discrediting his testimony. For instance, in a penal action for usury, alleged to have...
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Reports of Cases in Law and Equity, Determined in the Supreme ..., Volum 10

Iowa. Supreme Court - 1861 - 698 sider
...court, we suppose, under the well known rule that a witness shall not be cross-examined as to facts collateral and irrelevant to the issue, merely for...the purpose of contradicting him by other evidence. And if the witness is so examined, his answer can not be contradicted, but shall be conclusive against...
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The United States Versus Franklin W. Smith

1865 - 290 sider
...before the hearing In support of these positions the Respondent refers to the following authorities: is collateral and irrelevant, to the issue, merely...purpose of contradicting him by other evidence, if he Ehould deny it, thereby to discredit his testimony. And if a question is put to a witness which is...
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A Treatise on the Law of Evidence, Volum 1

Simon Greenleaf - 1866 - 756 sider
...any precise rule.6 But it is a well-settled rule, that a witness cannot be cross-examined as to any fact, which is collateral and irrelevant to the issue...evidence, if he should deny it, thereby to discredit his testimony.6 And, if a question is put to a witness which is collateral or irrelevant to the issue,...
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Massachusetts Reports: Cases Argued and Determined in the Supreme ..., Volum 80

Massachusetts. Supreme Judicial Court - 1866 - 726 sider
...thereby, in the opinion of a majority of the court, brought himself within the settled rule, that when a question is put to a witness, which is collateral or irrelevant to the issue, his answer cannot, for the purpose of discrediting him, be contradicted by the party who asked the question. 1 Greenl....
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volum 27

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1868 - 672 sider
...irrelevant to the issue, and the plaintiff could not cross-examine Dalton as to a warranty made by Stiles, merely for the purpose of contradicting him by other...should deny it, thereby to discredit his testimony. If a question relative to a distinct collateral fact be put and answered, evidence cannot afterwards...
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