Clark v. Reese

Citations

• 35 Cal. 89

Syllabus

<p>Error—Compelling Witness to Answer Questions.—A party to an action cannot avail himself of the alleged error of the Court in compelling his witness to answer a pertinent question proposed by the opposite party, where the witness had refused to answer on the ground that his reply would disgrace and degrade him. The privilege not to answer being personal to the witness, it is not in any sense the privilege of the party calling him. But as to a party demanding an answer, the rule is otherwise if the Court allows the privilege in a case where the witness fails to bring himself within the rule.</p> <p>Idem.—In such a case, where the matter to which the question related was one of the facts in issue, the fact that the witness’ reply would disgrace or degrade him does not shield him from answering the question.</p> <p>Rule of Examination of a Party as a Witness.—Where, in a civil action, a party becomes a witness in his own behalf, he thereby subjects himself to all the rules regulating the direct and cross examination of witnesses.</p> <p>Idem—Penalty for Refusing to Answer.—On the trial of an action for a breach of promise of marriage, the character of plaintiff for chastity, as well as the fact of the promise alleged, being among the issues tried, the defendant—who testified as a witness in his own behalf—to plaintiff’s question on cross examination, if he had ever called plaintiff his “dear Carrie,” or his “dear child,” replied, “I decline to answer the questions; when a man takes personal liberties with a woman he should not come on the stand and swear to it.” Plaintiff then asked him the further question, “Did you ever take improper liberties with plaintiff?” to which, on defendant’s declining to answer, the Court enforced an answer, under penalty of committing defendant for contempt, also, of striking out his answer and allowing plaintiff to take judgment as prayed in her complaint: Held, first, that defendant’s response to the first question clearly implied that