Ausland v. Parker

Citations

• 14 S.D. 273
• 85 N.W. 192
• 1901 S.D. LEXIS 8

Syllabus

<p>Where a witness for plaintiff, in action for malicious prosecution in causing plaintiff’s arrest on a criminal charge, had testified that plaintiff’s nervous condition might have been caused by the arrest, it is error to allow defendant to attack plaintiff’s character by asking on cross-examination if the nervous condition might not have been caused by a certain habit or vice of plaintiff; and by commenting on this to the jury; there being no evidence that plaintiff had such habit or vice, and the witness having previously testified, on cross-examination, that tnere are a great many causes for nervous debility.</p> <p>Fullee, P. J., dissenting.</p>