Supreme Court of Pennsylvania
Smith against Price
July 15, 18398 Watts 447
Summary
The court held that a party may not call a witness and then introduce the witness's prior testimony and unsworn declarations under the guise of impeachment when the evidence is actually offered as substantive proof. Because the witness's former testimony was not competent independent evidence while he was present and his unsworn declarations were even more clearly incompetent, the judgment was reversed and a new trial ordered.
Holding
- Use of a party's own witness's prior testimony and declarations. A party cannot call a witness and then use the witness's former testimony and unsworn declarations ostensibly to discredit the witness but in truth as independent evidence. The former testimony was not competent direct proof while the witness was present, and the unsworn declarations were incompetent.