Wisconsin Reports; Cases Determined in the Supreme Court of Wisconsin Volume 8

Wisconsin Reports; Cases Determined in the Supreme Court of Wisconsin Volume 8

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1860 edition. Excerpt: ...we are not informed. If the the party had made an offer of matter material to the case; or such matter so ma terial were necessarily involved in the answer to the question propounded; or if the party had made a distinct offer to prove facts material, and the offer had been rejected, then we should have no hesitation in pronouncing upon the error alleged in the ruling of the court below. But nothing of this kind appears. It does not appear that the defendant offered to prove that he gave any reason at all for not paying for the bill for trees. In all cases where testimony is sought to be introduced and is rejected, the party alleging error must show that there was error material. It should appear what evidence the party expected, and his offer should be distinct and explicit; or he should show some point of error not materially abstractional or contingent, but so assign his grievance that it can be made a part of, and enter into the case in error. Suppose in this case the witness had answered that the reason given by the defendant below for not paying the bill was, that he had not the means. VVould this be at all material P Or, that it would be inconvenient to pay; or, in general terms, that the bargain had turned out to be a bad one on his part. Surely such an answer would be entirely immaterial, and no defence could be predicated upon it. We are aware that this case (in regard to the point in question) is different from that of jllillett vs. Hag//ord, lst Wis., 410, and that of Sewell vs. Eaton, 6 Wis., 490. In these cases the parties sought to introduce direct and affirmative evidence on their own part, by propounding in one instance a question to the witness which was objected to, and exception taken without intimating to the court the...
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Product details

  • Paperback | 162 pages
  • 189 x 246 x 9mm | 299g
  • United States
  • English
  • black & white illustrations
  • 1236910311
  • 9781236910318