OCR Text |
Show HEARSAY EVIDENCE HELD INSUFFICIENT The supreme court yesterday handed down an opinion reversing tho district court in the case of F. W. Surbaugh against Samuel Buttcrfleld. Surbaugh sued for damages for alleged trespass on his range by Butrerflcld's sheep. He was awarded damages, and Butterfleld appealed. ap-pealed. The contention of the appellant was that the only testimony as to tho ownership owner-ship of the sheep in question was hearsay testimony, based on the word of the herd, er In chargo of the ohoop. On the ground such testimony was hearsay, the supreme court orders a new trial. |