Nailor v. Williams

Supreme Court

Nailor v. Williams

75 U.S. 107, 19 L. Ed. 348, 8 Wall. 107, 1868 U.S. LEXIS 1086

CourtSupreme Court of the United States

DecidedNovember 18, 1869

StatusPublished

Cited by17 cases

This text of 75 U.S. 107 (Nailor v. Williams) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Nailor v. Williams, 75 U.S. 107, 19 L. Ed. 348, 8 Wall. 107, 1868 U.S. LEXIS 1086 (1869).

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Opinion

Mr. Justice MILLER

delivered the opinion of the court.

If a question is' asked of a witness on the stand, the answer to which is pertinent and legal testimony, and the court refuses to permit the ..witness to answer, this is error which a revising court will correct, because the injury to the party consists in the refusal of the court to permit the answer to be given, and he can do nothing more to prove the wrong done him than to show that he as.ked a legal question, the answer to which, by ¡the action of the court, was denied him.

But where a question is asked wdiich is illegal only because it may elicit improper testimony, and the court permits it to be answered against the objection, of the other party, the injury done the party is by the answer, and notwithstanding the erroneous ruling of the court, if the witness knows' nothing of the matter to which he is interrogated, or if his answer is favorable to the objecting party, it works him no injury. If it does, he can show it by making the answer a part of the bill of exceptions, and unless he does this there is.no error of which a revising court can take notice.1

Eor this reason, and also because there is nothing in the bill of exceptions which enables us to say that the questions themselves exceeded the reasonable license which a court, in its discretion, may allow in cross-examination, we are of opinion that no error is shown by these bills of exception.

As they constitute the only matters alleged against the judgment of the court below, it is

Affirmed.

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Mr. Justice MILLER

delivered the opinion of the court.

If a question is' asked of a witness on the stand, the answer to which is pertinent and legal testimony, and the court refuses to permit the ..witness to answer, this is error which a revising court will correct, because the injury to the party consists in the refusal of the court to permit the answer to be given, and he can do nothing more to prove the wrong done him than to show that he as.ked a legal question, the answer to which, by ¡the action of the court, was denied him.

But where a question is asked wdiich is illegal only because it may elicit improper testimony, and the court permits it to be answered against the objection, of the other party, the injury done the party is by the answer, and notwithstanding the erroneous ruling of the court, if the witness knows' nothing of the matter to which he is interrogated, or if his answer is favorable to the objecting party, it works him no injury. If it does, he can show it by making the answer a part of the bill of exceptions, and unless he does this there is.no error of which a revising court can take notice.1

Eor this reason, and also because there is nothing in the bill of exceptions which enables us to say that the questions themselves exceeded the reasonable license which a court, in its discretion, may allow in cross-examination, we are of opinion that no error is shown by these bills of exception.

As they constitute the only matters alleged against the judgment of the court below, it is

Affirmed.

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Bluebook (online)

75 U.S. 107, 19 L. Ed. 348, 8 Wall. 107, 1868 U.S. LEXIS 1086, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nailor-v-williams-scotus-1869.

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