Giesecke Boot & Shoe Manufacturing Co. v. Seevers
Supreme Court of Iowa
Appeal from Mahaska District Court. — Hon. David Byan, Judge. Action to recover for goods sold and delivered to the firm of Slocum, Jarvis & Co., of which it is alleged A. J. Jarvis, was a partner. A. J. Jarvis answered, denying that he ever was a member of the copartnership of Slocum, Jarvis & Co. Pending the action, Mr. Jarvis died, and W. H. Seevers, administrator, was made defendant.
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Appeal from Mahaska District Court. — Hon. David Byan, Judge. Action to recover for goods sold and delivered to the firm of Slocum, Jarvis & Co., of which it is alleged A. J. Jarvis, was a partner. A. J. Jarvis answered, denying that he ever was a member of the copartnership of Slocum, Jarvis & Co. Pending the action, Mr. Jarvis died, and W. H. Seevers, administrator, was made defendant. The petition was against Slocum, Jarvis & Co., and Eugene Slocum, Julius Jarvis, and A. J. Jarvis as members of the partnership. A. J; Jarvis alone was served with notice, and neither Julius Jarvis nor Eugene…
1Opinion of the CourtGiven, J.
I. The question discussed is, whether the court erred in suppressing the deposition of Eugene 1. Witnesses: competency: transactions with decedents: parties to action. Slocum. Section 3639 of the Code, so far as applicable, is as follows: “No party any action or proceeding, nor any per-g0n interested in the event thereof * * * shall be examined as a witness in regard to any personal transaction or communication between such witness and a person, at the commencement of such examination, deceased, * * * against the executor, administrator,* * * of such deceased person.” Mr. Slocum was examined…
2Cases cited3 opinions
- Wormley v. HamburgSupreme Court of Iowa · 1874
- Grant v. ShurterNew York Supreme Court · 1828
- Fuller v. LendrumSupreme Court of Iowa · 1882
3Cited by5 opinions
- Leach v. DickersonIndiana Court of Appeals · 1896
- McClanahan v. McClanahanSupreme Court of Iowa · 1906
- Clark v. RossSupreme Court of Iowa · 1895
- Kessler v. KesslerWyoming Supreme Court · 1963
- McElroy v. AllfreeSupreme Court of Iowa · 1906