Island County v. Babcock

Citations

• 20 Wash. 238
• 55 P. 114
• 1898 Wash. LEXIS 513

Syllabus

<p>EVIDENCE-ADMISSIBILITY 03? WRITTEN INTERROGATORIES—EXAMINATION OP WITNESS—IRRESPONSIVE ANSWER.</p> <p>Under Code Proe., §§ 1660-1665 (Bal. Code, §§ 6008-6013), authorizing the admission in evidence of written interrogatories and the answers thereto, without any restriction being imposed, they are admissible although the party interrogated may be present as a witness at the trial.</p> <p>Where a defendant on the witness stand, who had signed the name of another defendant to a written instrument in issue, was asked whether he had advised such other defendant of his act, and answered: “No; he certainly knew it; he did not need to</p> <p>be advised,” it was error to strike the answer without a showing by further examination that the testimony was incompetent, since it was prima facie legitimate and competent to show authorization or ratification of the act. (Dunbar, J., dissents.)</p>