Legal Opinion

Keller Implement Co. v. Eiting

Wisconsin Supreme Court

Decided October 5, 1971No. 150PublishedCited by 3 opinions

1Opinion of the CourtRobert W. Hansen, J.

If the plaintiff-appellant is correct in claiming that the testimony of Reuben Keller with regard to an alleged sale of the combine by Edward Eiting to Keller Implement Company was admissible, reversal and new trial are required. So that claim of error will be the first considered.

The testimony of Reuben Keller as to what took place when Edward Eiting brought the combine back to the Keller Implement Company was objected to, and held barred by sec. 885.16, Stats., commonly known as the dead man’s statute. This section provides in part:

“No party or person in his own behalf or interest, and no…

2Cases cited9 opinions

  1. Stierle v. RohmeyerWisconsin Supreme Court · 1935
  2. Cline v. LibbyWisconsin Supreme Court · 1879
  3. Estate of MolayWisconsin Supreme Court · 1970
  4. Bank of Sheboygan v. FesslerWisconsin Supreme Court · 1935
  5. Estate of SchaeferWisconsin Supreme Court · 1952

4 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Bell v. NeugartCourt of Appeals of Wisconsin · 2002
  2. Smith v. SilbermanDistrict Court of Appeal of Florida · 1990
  3. Dorman v. MorrisCourt of Appeals of Wisconsin · 1994

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