Richardson v. Kelly

Citations

• 85 Ill. 491

Syllabus

<p>1. Witness—impeachment by proof of contrary statements. The rule is inflexible, that a witness can not be impeached by proof of his having made contradictory statements out of court, unless his attention has been directed, in his examination, to such statements, specifying particularly the time and place.</p> <p>2. G-amxng—action to recover thing lost. In trover to recover the value of a mare lost on a wager upon a horse race, it is error in an instruction to make the plaintiff'’s right to recover depend upon the fact that the animal was taken against the will and protest of the plaintiff. The action lies, although the plaintiff may have voluntarily given possession.</p>