Hayes v. Snader
Supreme Court of Iowa
Appeal from Black Hawk District Court. — George W. Dun-ham, Judge. Appellee had a verdict for services rendered appellant’s decedent. The sole question presented by the appeal is whether testimony for plaintiff was received in violation oí Section 4604 of the Code.
1Opinion of the CourtSalinger, J.
1. Witnesses : competency: transaction with deceased: proper and improper tests. I. Complaint is made because plaintiff was permitted to testify he had seen deceased when the latter appeared to be sick, what the sickness was, how long it lasted, how often this occurred, and that he had seen deceased when the latter was not ill. The specific complaint is that this testimony tended either to build up or else fortify a contract by implication; that it was essential evidence on the question of what amount was due on plaintiff’s claim; that, under Bartholomew v. Adams, 143 Iowa 354, at 359, what…
2Cases cited15 opinions
- Holcomb v. . HolcombNew York Court of Appeals · 1884
- Marietta v. MariettaSupreme Court of Iowa · 1894
- Campbell v. CollinsSupreme Court of Iowa · 1907
- Sheldon v. ThornburgSupreme Court of Iowa · 1912
- In re the Estate of GoldthorpSupreme Court of Iowa · 1895
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Maasdam v. Estate of MaasdamSupreme Court of Iowa · 1946
- O'Dell v. O'DellSupreme Court of Iowa · 1947
- In Re Estate of TaltySupreme Court of Iowa · 1942
- In Re Estate of KahlSupreme Court of Iowa · 1930
- Farmers' State Bank v. Herman Schultz EstateSupreme Court of Iowa · 1923
4 more not listed; retrieve them via the Exa API.