Morris v. Hazelwood

Court of Appeals of Kentucky

Morris v. Hazelwood

64 Ky. 208, 1 Bush 208, 1866 Ky. LEXIS 124

Court of Appeals of Kentucky·Decided January 17, 1866·Published·Cited by 5 cases

Opinion

JUDGE WILLIAMS

delivered the opinion op the court:

We have at the present term decided, in Tucker vs. Hood, that the statements of a party claiming to have been robbed, though made immediately after the alleged misfortune, are not evidence in his behalf at the suit of another to recover money so alleged to have been lost.

As the pleadings in this and in all such cases put in issue a fact, and not character, it was erroneous to admit the defendant to prove former good character for the purpose of sustaining his issue.

Wherefore, the judgment is reversed for a new trial in accordance herewith.

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JUDGE WILLIAMS

delivered the opinion op the court:

We have at the present term decided, in Tucker vs. Hood, that the statements of a party claiming to have been robbed, though made immediately after the alleged misfortune, are not evidence in his behalf at the suit of another to recover money so alleged to have been lost.

As the pleadings in this and in all such cases put in issue a fact, and not character, it was erroneous to admit the defendant to prove former good character for the purpose of sustaining his issue.

Wherefore, the judgment is reversed for a new trial in accordance herewith.

Morris v. Hazelwood, 64 Ky. 208, 1 Bush 208, 1866 Ky. LEXIS 124 (Ky. Ct. App. 1866).

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Opinion

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