Martin v. McCray
Martin v. McCray
Opinion of the Court
There is nothing in either of the assignments of error to warrant a reversal of the judgment. In the first, the subject of complaint, is that “the court erred in not instructing the jury to disregard entirely” the improper and irrelevant testimony, elicited by the plaintiff’s cross-examination of the defendant, recited therein. This admittedly improper testimony was immediately stricken out by the learned trial judge on motion of
Judgment affirmed.
Reference
- Full Case Name
- John Martin v. Michael McCray
- Status
- Published
- Syllabus
- Practice, C. P.—Striking out testimony—Trial. Where a trial judge at the request of defendant immediately strikes out improper and irrelevant testimony, elicited by the plaintiff’s cross-examination of defendant, he cannot be convicted of error for not instructing the jury to disregard the testimony entirely, when he has not been requested to give such instruction. Evidence—Secondary evidence—Bill for goods sold. Secondary evidence of the contents of a bill for goods sold is inadmissible whore it appears that the bill is in existence, but has not been produced at the trial.