Young v. Brady

Citations

• 94 Cal. 128
• 29 P. 489
• 1892 Cal. LEXIS 652

Syllabus

<p>Evidence — Order of Introduction — Admissions of Defendant. —In an action for money loaned, evidence of the admissions of the indebtedness by the defendant should be properly introduced as a part of the plaintiff’s original case, and the rejection of such evidence when offered in rebuttal is not error, if the plaintiff does not ask to be permitted to reopen his case for the purpose of introducing it.</p> <p>Id.—Impeachment of Witness — Contradictory Statements.—A witness cannot be impeached by evidence of contradictory statements until a proper foundation has been laid for its admission by asking the witness if he had made the statements claimed to be contradictory.</p> <p>Id. — Immaterial Contradiction. — A witness cannot be impeached by evidence of contradictory statements as to a matter which is wholly irrelevant to any material issue.</p>