Tyler v. Healey (1875) · DecisionDepot

Tyler v. Healey

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1875 No. No. 4421Published

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Holding. The trial court erred by ruling that it lacked the discretion to permit a defendant to recall a witness for further examination over the plaintiff's objection.

Issues

Whether a trial court has the discretion to permit a party to recall a witness for further examination over an opposing party's objection.

Disposition. Reversed and remanded

Quotations verified verbatim against the opinion

“the court has no discretion (to permit it) against the objection of the plaintiff.” The ruling is too clearly erroneous to merit discussion.”

Synopsis

Recalling a Witness.—When a witness has been once called and examined by a party, it is within the discretionary power of the court to allow him to be recalled and further examined by the same party, even if the other party objects.

By the Court: When the defendant had partially examined one of his witnesses, he desired to recall him for further examination on matters material to the issue, and asked the leave of the court to recall him for that purpose. ■ On the objection of plaintiff, the court refused to permit the witness to be re[193]called, on the ground that “the court has no discretion (to permit it) against the objection of the plaintiff.” The ruling is too clearly erroneous to merit discussion.

Judgment and order reversed, and cause remanded for a. new trial.

Tyler v. Healey

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