Ramsey v. Partridge

Citations

• 86 Kan. 398
• 121 P. 343
• 1912 Kan. LEXIS 305

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Slander — Witness — Impeachment — Cross-excmdnation—Col-lateral Offenses. A cause of action depended upon the testimony of one witness, whose credibility was variously impeached and supported by a number of witnesses. When called on rebuttal he was asked on cross-examination whether he had within three or four years lived with a woman in illicit cohabitation and had invited different persons to have improper relations with her for a consideration, and whether he had “a government permit to sell intoxicating’ liquor.” An objection to such questions was sustained and an offer to prove as indicated was overruled. Held, error.</p> <p>2. - Allegations of Petition — Evidence — Variance. Language substantially the same as charged shown to have been ' spoken at the time and place charged, in the presence of only one of the two alleged persons, and language substantially the same as charged shown to have been spoken at the place and in the presence and hearing of the persons alleged and at or near the time alleged, sufficiently meets the allegations of the petition and is not subject to the charge of material variance.</p> <p>3. Evidence — Communications between Husband and Wife. Plaintiff testified that the use of the alleged words had been communicated to her. On cross-examination she stated that such communication was by her husband. Held, that a motion to strike out her testimony as to the fact of the communication was properly overruled. •</p>