Lyts v. Keevey

Citations

• 5 Wash. 606
• 32 P. 534
• 1893 Wash. LEXIS 31

Syllabus

<p>PROMISSORY NOTE — ILLEGAL CONSIDERATION — PLEADING- —TRIAL — EXCLUSION OF TESTIMONY — INSTRUCTIONS — EVIDENCE — FALSUS IN UNO.</p> <p>Proof of an illegal consideration for a promissory note cannot be made under an allegation of no consideration, but the facts showing illegality must be pleaded.</p> <p>An error in the admission of testimony will be cured by an instruction withdrawing it from the consideration of the jury.</p> <p>Although the ground upon which the trial court has excluded testimony may have been an improper one, yet if any good reason exists for its exclusion, the action of the court will be sustained.</p> <p>An instruction to the jury that, “if you should be satisfied that any witness has knowingly testified falsely in any material matter in this cause, you have a right to reject the whole of the testimony of such witness, unless on any point such testimony was corroborated by other unimpeached testimony,” is not erroneous, although not aptly expressed on the subject of corroboration.</p>