Hanson v. Township of Red Rock

Citations

• 7 S.D. 38
• 63 N.W. 156
• 1895 S.D. LEXIS 31

Syllabus

<p>1. On cross-examination of a witness, it is competent to question him as to his interest in the subject-matter concerning which he has testified.</p> <p>2. Where, on direct examination, a question to a witness is only preliminary, and does not indicate whether his answer would be material or not, or would necessarily disclose material evidence, and where there is no offer to prove the facts sought to be elicited, it is not material error to exclude the question.</p> <p>3. Where, as in this case, the controlling question is one of fact, as, where ■ is the true location of a boundary line? it is not material that a resurvey, locating the line as claimed by one of the parties, was made under an unauthorized contract.</p> <p>(Syllabus by the Court.</p>