Stewart v. Stewart
Wisconsin Supreme Court
APPEAL from the Circuit Court for WcouJcesha County. The parties are the heirs-at-law (and all of such heirs) of Alexander Stewart, late of Waukesha county, who died in March, 1873, intestate. The deceased was never married. He had two brothers, both of whom, and his parents, he survived. The parties are the children of the two brothers, except that the sou of a deceased daughter of one of them is a plaintiff.
Read the full summary
APPEAL from the Circuit Court for WcouJcesha County. The parties are the heirs-at-law (and all of such heirs) of Alexander Stewart, late of Waukesha county, who died in March, 1873, intestate. The deceased was never married. He had two brothers, both of whom, and his parents, he survived. The parties are the children of the two brothers, except that the sou of a deceased daughter of one of them is a plaintiff. In February, 1860, Alexander Stewart signed, sealed and acknowledged a deed which he had caused to he prepared, in form conveying to the defendants forty acres of land then owned by…
1Opinion of the CourtLyoN, J.
I. On the trial, the wife of each defendant was offered as a witness generally in behalf of the other defendant, and questions were put to each which were pertinent to the issue. The court sustained an objection to the competency of the wife of one defendant to testify as a witness for the other. This ruling is assigned as error.
The defense of both defendants is one and indivisible. It was impossible for the wife of one of them to give testimony in favor of the other which would not enure equally to the benefit of her husband. Had the testimony beon received and had it tended to show a…
2Cases cited2 opinions
- Heath v. KeyesWisconsin Supreme Court · 1874
- Foster v. HickoxWisconsin Supreme Court · 1875
3Cited by19 opinions
- In re Valentine's WillWisconsin Supreme Court · 1896
- Hinton v. Cream City RailroadWisconsin Supreme Court · 1886
- Fouse v. GilfillanWest Virginia Supreme Court · 1898
- Wisconsin Planing Mill Co. v. SchudaWisconsin Supreme Court · 1888
- Bryan v. PalmerSupreme Court of Kansas · 1910
14 more not listed; retrieve them via the Exa API.