Evidence—Impeachment op Witness—Inconsistent Statements.—To impeach a witness upon the ground of inconsistent statements, the impeaching testimony must be plainly inconsistent with that already given.

Id.—Contest op Wild—Time op Stroke op Apoplexy—Statement op Answer not Inconsistent with Evidence.—Where the executor, upon the contest of a will, testified upon cross-examination that the deceased was not suffering from a stroke of apoplexy at the time when the will was made, a statement in his original answer to the contest that the deceased was attacked by a stroke of apoplexy at about the hour of 10 A. M. on the day on which the will was executed, is not admissible for the purpose of impeachment, it not appearing whether the will was executed before or after the stroke of apoplexy, or that the statement of the answer related to the time when the will was made, so as to be plainly inconsistent with the evidence given.

Id.—Use op Original Answer fob Impeachment—Bfpect op Amended Answer.—The fact that the original answer is superseded by an amended answer as a pleading furnishes no valid ground for rejecting proof of its statements for purposes of impeachment, when they are plainly contradictory of evidence given by the party who verified the original answer.

Id.—Exclusion op Physician’s Certificate as to Cause op Death—Appeal—Evidence not in Record—Injury not SnowN.—If the certificate of the attending physician showing that the death of the deceased was caused by apoplexy is to be regarded as competent evidence of that fact in favor of the contestant of the will of the deceased, under section 1920 of the Code of Civil Procedure, yet, where the evidence given upon the trial of the contest is not embodied in the record upon an appeal taken by the contestant, and it does not appear that the will was not made prior to the stroke of apoplexy, the appellant does not fulfill his duty of showing that substantial injury resulted from the ruling of the court, and does not show that the offered evidence was at all material.