Young v. Bennett

Citations

• 5 Scam. 43

Syllabus

<p>Error io DeKalb.</p> <p>x. Slander — rumor in mitigation. In an action for slander, in charging the plaintiff with stealing, it is not admissible for the defendant to prove, under the general issue, in mitigation of damages, that there was a report in the neighborhood of the plaintiff,- that he had been guilty of stealing from the defendant, (a) </p> <p>2. Evidence — rule as to whole conversation. The general rule is, that where confessions or admissions are introduced by one party, the opposite party is entitled to the whole conversation. And where the answer of a party to a question, by the witness or another person, is sought to be introduced, and such answer could not be understood, or would be unintelligible without stating the question also, the question is admissible; but this rule does not include what the witness may have said, in the conversation, to the defendant, any farther than his language may be necessary to understand what was said by the defendant. (b) </p> <p>3. Trial — calling witness in chief after resting. It is a matter of discretion in the court, whether a plaintiff, after having rested his case, and after the introduction of testimony by the defendant, shall or shall not be permitted to examine defendant's witnesses in chief, or call other witnesses, (c) </p> <p>4. Slander — bad character of plaintiff. In an action for slander, general evidence of the bad character of the plaintiff is admissible, although the defendant has justified that the imputation is true; for, if the justification should fail, the question as to the quantum of damages would still remain.</p>