Robertson v. Brost

Citations

• 83 Ill. 116

Syllabus

<p>1. Evidence—hem'say. Testimony as to statements made by one not a party to the suit, is inadmissible, except for impeachment, and is not admissible for that purpose unless the proper foundation is laid, by calling such person’s attention to the fact and the time and place.</p> <p>3. Witness—competency of wife, for her husband. Where a wife is sent to demand money due her husband, this will not, under the statute, make her a competent witness for her husband, to prove admissions of the defendant going to prove a prior contract. If she makes a contract as her husband’s agent, she is competent to prove the same.</p> <p>3. Evidence—rebutting as to impeaching evidence. Where impeaching evidence is given as to a witness’ statements contradictory to his testimony in a deposition, he should be permitted to be recalled and examined as to such statements, although his attention may have been called to them in his deposition, and he therein testified that, to the best of his recollection, he had made no such statements.</p>