Wendeling v. Besser
Supreme Court of Iowa
Agypeal from Keolcuh Cvreuit Court. The plaintiff filed in the Keokuk circuit court his petition, claiming of Anna M. Besser, as administratrix of the estate of John Shiltz, deceased, compensation for boarding, lodging, and in other respects providing for Frank Shiltz, son of the said John Shiltz, for a period from the 1st day of March, 1858, to the 1st day of March, 1869, under a parol contract between the said John Shiltz and Andreas Wendeling, whereby John Shiltz agreed…
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Agypeal from Keolcuh Cvreuit Court. The plaintiff filed in the Keokuk circuit court his petition, claiming of Anna M. Besser, as administratrix of the estate of John Shiltz, deceased, compensation for boarding, lodging, and in other respects providing for Frank Shiltz, son of the said John Shiltz, for a period from the 1st day of March, 1858, to the 1st day of March, 1869, under a parol contract between the said John Shiltz and Andreas Wendeling, whereby John Shiltz agreed to pay Andreas Wendeling all reasonable charges for trouble taken and expenses incurred in caring for. his son. Answer in…
1Opinion of the Court
Day, Ch. J.
l. evidence: where adverse tor: husband and wife. • — -I. To sustain the issues on his part the plaintiff offered to read in evidence the deposition of his wife, Magdalene "Wendeling. The defendant ° .. _ , to this deposition on the ground J c that the wife oí the plaintiff was incompetent to testify against the executor of a deceased person, under the provisions of section 3982 of the Revision of I860* The sustaining of this objection is the first error assigned. Section 3980 of the Revision provides that, “ on the trial of any issue joined * * * no person shall be disqualified by…
2Cited by10 opinions
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- Soderland v. GraeberSupreme Court of Iowa · 1921
- Cedar County v. SagerSupreme Court of Iowa · 1894
- E. A. Higley & Co. v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1896
- Carroll v. McCoySupreme Court of Iowa · 1874
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