Jones v. Duchow

Citations

• 87 Cal. 109
• 25 P. 256
• 1890 Cal. LEXIS 1102

Syllabus

<p>Libel — Evidence — Des Gestas — Certificate of Character — Contradiction of Witness. — Where a libel is justified on the ground o£ its truth, and a witness for the defendant has testified that the plaintiff was denounced by himself and all good citizens at the place of his residence, on a certain date, a certificate of recommendation of the plaintiff for good and correct habits in business and social relations, signed by several prominent citizens of that place, at a date four months earlier, is not admissible as part of the res gestee, to contradict the statement of the witness, nor to prove the good character of the plaintiff.</p> <p>Id.—Impeachment of Witness — Specific Acts — Battery.—A witness cannot be impeached by evidence of particular wrongful acts; nor is it proper to ask him, for the purpose of impeachment, whether he had been arrested, pleaded guilty, and paid a fine for heating, bruising, and battering a woman of the town.</p> <p>Id. — Objection to Impeaching Evidence. — An objection to such question, on the ground that it did not tend to impeach the witness, and that the record was the best evidence, is specific enough to invoke the rule which does not permit a witness to he impeached by evidence of particular wrongful acts.</p>