50 N.H. 105 | N.H. | 1870
By the Court.
When the determination of the competency of a proposed piece of evidence involves a preliminary decision of any questions of fact by
We are not now called upon to decide whether a party shall, in all instances, be allowed to prove the previous contradictory declarations of a witness whom he himself first called to the stand; but only whether such declarations may be proved after it is established that the party calling the witness was surprised at his testimony, and was not guilty of collusion or of any bad faith, and that the witness was adverse to the party calling him. We think no exception lies to the ruling in this case.
Judgment on the verdict.
See Ryerson v. Abingdon, 102 Mass. 530, 531. Reporter.