Castor v. Bavington , 2 Watts & Serg. 505 ( 1841 )


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  • Per Curiam.

    It is impossible to distinguish the principle of this case from that of Ellmaker v. Buckley, in which it was ruled that a party shall not introduce his case to the jury through a cross-examination of his adversary’s witnesses. Here the attempt was plainly to cross-examine to matter entirely new, with a view, not to test the truth of the witness as to what he had said-&emdash;the legitimate end of a cross-examination&emdash;but to lay his defence before the jury untrammelled by the rules of a direct examination; and this certainly cannot be done. The questions were, therefore, properly suppressed.

    Judgment affirmed.

Document Info

Citation Numbers: 2 Watts & Serg. 505

Filed Date: 12/15/1841

Precedential Status: Precedential

Modified Date: 2/18/2022