Stipel v. Piggott
| Decision Date | 09 February 1925 |
| Citation | 269 S.W. 942,219 Mo.App. 222 |
| Parties | MIKE STIPEL, Plaintiff, Respondent, v. DERWOOD L. PIGGOTT, et al., Defendants, DERWOOD L. PIGGOTT, Appellant |
| Court | Kansas Court of Appeals |
Original Opinion of February 9, 1925, Reported at: 219 Mo.App. 222.
Motion for rehearing overruled.
OPINIONON MOTION FOR A REHEARING.
It is insisted that the matter of the admission of the incompetent testimony of the admissions of Powell, was cured when Powell went upon the stand and denied the statements attributed to him. This is not the law in this State. The general rule is that "objection to the erroneous admission of evidence is not waived by introducing rebutting evidence, although it be of the same kind or by cross-examination in relation to the objectionable matter." [38 Cyc. 1398, 1399; Barker v. Railroad, 126 Mo. 143, 151; Cochran v. Railroad Co., 113 Mo. 359, 366.]
The motion for a rehearing is overruled.
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Stipel v. Piggott
...PIGGOTT, et al., Defendants, DERWOOD L. PIGGOTT, Appellant Court of Appeals of Missouri, Kansas CityFebruary 9, 1925 Rehearing Denied 219 Mo.App. 222 at 233. from the Circuit Court of Jackson County.--Hon. Charles R. Pence, Judge. REVERSED AND REMANDED. Judgment reversed and cause remanded.......