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11 N.J. Misc. 813

Blue v. SnitzLer

Supreme Court of New Jersey

Decided September 27, 1933

Supreme Court of New Jersey · decided 1933-09-27

Relies on State v. Baldanzo · Overseer of the Poor of Montclair v. Eason · State v. Polhemus

Decided 1933-09-27

Per Curiam.

¶1The writ in this case brings up for review a judgment of filiation in an action by the overseer of the poor tried in the Quarter Sessions before a jury.

¶2The first reason for reversal relates to the action of the trial court in sustaining an objection to the following question addressed to defendant’s witness, Marie Becza: “Do you know what her [the complainant’s] reputation is for truth and veracity in the neighborhood?” It clearly appeared from the testimony that the word “neighborhood” referred to the “neighborhood” where he had resided.

¶3It was open to the defendant to impeach, if he could, complaining witness’ testimony by showing that her reputation *814for truth and veracity was poor. 7 Corp. Jur. 989; State v. Polhemus, 65 N. J. L. 387; 47 Atl. Rep. 470. The foundation for the question was well laid. State v. Baldanzo, 106 N. J. L. 498; 148 Atl. Rep. 725, and the exclusion of the question was reversible error, if manifest wrong and injury was done to the defendant. We do not think it can be said that the error was harmless, although the proceeding was a civil one. Montclair v. Eason, 92 N. J. L. 199; 104 Atl. Rep. 291. It was essential that the plaintiff establish the truth of the charge. The defendant was harmed when he was precluded from showing the reputation of the complainant for truth and veracity.

¶4Even though the proceeding in the Quarter Sessions was a trial de novo, there was no harm in asking the defendant on cross-examination if he had denied the charge as made in the recorder’s court. It was a relevant inquiry as to his conduct on a former occasion when he had an opportunity to testify and failed so to do.

¶5The charge of the court was not an invasion upon the rights of the jury. The comments of the court upon the testimony are within the bounds of the evidence. The issues were finally submitted to the jury in such a way that they must have realized that the facts must be found by them from the evidence, as they recalled it, before a verdict could be reached.

¶6The judgment is reversed.

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