Morris v. Hazlehurst

BreNT, J., delivered the opinion of the Court. There are two exceptions taken in this case, which will be disposed of in the order in which they occur. The first exception is to the question put to the witness upon cross-examination, “if he had ever authorized any one to waive his discharge under the insolvent laws, or the bar of the Statute of Limitations.” The objection to it is taken, first on the ground that it Avas not a part of the cross-examination, but an interrogartory in chief, and a leading question; and secondly, that it Avas asking the Avitness a matter of law. The question, Ave think, was properly admitted.

The examination in chief was specially directed to prove by the witness that he had offered through Mr. Williams, to settle the debt sued upon if the plaintiffs Avould take fifty cents in the dollar, for the purpose of avoiding the Statute of Limitations — and the AA'itness had also spoken of his discharge under the insolvent Lavs. Both of these matters Avere proper subjects of inquiry upon cross-examination, and even if the question is a leading one, it should not be refused. The question does not necessarily require the ansAver to be “ a matter of laAV.” It may be purely a matter of fact, and no doubt Avas put and understood as intended to elicit an answer of the latter character. The Jaw of evidence cannot be safely extended so far as to exclude every question to which the ansAver might possibly involve a matter of law.

The next exception is to the instruction of the Court, that there AA'as no sufficient evidence to go to the jury to enable the plaintiffs to recover, and to the rejection of the plaintiff’s prayer. Limitations were relied upon in defence, and this exception presents the legal sufficiency of the evidence to remove the bar of the Statute. We think the instruction was properly given. The offer made by Mr. Williams, Avas “ on ³⁶⁶ his own behalf/’ and is expressly