 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 - Page 641878Full view - About this book
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1879 - 942 pages
...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,... | |
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1913 - 996 pages
...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... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1901 - 892 pages
...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... | |
 | James Knox Polk - 1848 - 462 pages
...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... | |
 | John Pitt Taylor - Evidence (Law) - 1848 - 756 pages
...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... | |
 | Iowa. Supreme Court - Law reports, digests, etc - 1861 - 698 pages
...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... | |
 | Courts-martial and courts of inquiry - 1865 - 290 pages
...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... | |
 | Simon Greenleaf - Evidence (Law) - 1866 - 756 pages
...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,... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1866 - 726 pages
...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.... | |
 | 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 - Law reports, digests, etc - 1868 - 672 pages
...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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