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and by attending lectures, may be examined as experts on the subject of insanity. Davis v. The State..496

9.

5. Same.-Evidence.-The extent of a witness's acquaintance with the subject about which he testifies as an expert may always be inquired into, to enable the jury to estimate the weight of his evidence............Ibid. 6. Same.-Court.-Jury.-Whether a witness is competent to testify at all as an expert, is a question for the court; but after he has been allowed to testify, the weight of his evidence is a question for the jury......... Ibid. 7. Same.-Iypothetical Case.-Practice. If there is no dispute as to the facts on which a witness is to base his opinion as an expert, it is proper to require that the question propounded shall embrace them all, and that the witness shall take them all into consideration in giving his answer. But if the facts are in dispute, the question propounded may be based upon the facts which the evidence tends to prove; and the jury may decide ultimately whether

8.

the facts are established by the evi-
dence or not........
.... Ibid.
Same.-When a witness examined as
an expert expresses an opinion based
on facts assumed by the party intro-
ducing him to have been proved, or
upon a hypothetical case put by such
party, then the other party may cross
examine the witness by taking his
opinion based on any other set of
facts assumed by him to have been
proved, or upon a hypothetical case.
Ibid.

Administrator.--In a suit where judgment is sought against the administrator of an estate, and the answer brings the defense within the exception of the statute relating to a case where an action. is brought by an heir upon a contract made with the ancestor, the plaintiff is not a competent witness, unless called by the administrator or the court. Bishop, Adm'r, v. Welch........ .521

508476

10.

Same.-Admissions.-The claimant was not a competent witness to disprove the making of admissions by him, testified to by a third party, that such a contract existed as was set out in the answer..... ..Ibid.

END OF VOLUME XXXV.

01.

J.J.

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