Morgan v. Henry
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Buffalo county: John K. Parish, Judge. Action, against the estate of Robert Henry, who died in 1899. March 14, 1900, plaintiff, the deceased’s daughter, filed her claim, in the county court for Buffalo county, for $1,825. She alleged that it was a balance of principal and interest for money deposited with her father, to be loaned, at various times commencing in 1810 and ending in 1878. Subsequent to the filing of the claim a…
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Appeal from a judgment of the circuit court for Buffalo county: John K. Parish, Judge. Action, against the estate of Robert Henry, who died in 1899. March 14, 1900, plaintiff, the deceased’s daughter, filed her claim, in the county court for Buffalo county, for $1,825. She alleged that it was a balance of principal and interest for money deposited with her father, to be loaned, at various times commencing in 1810 and ending in 1878. Subsequent to the filing of the claim a bill of particulars was filed, acknowledging payment of $500 as of December 8, 1881, leaving the balance due somewhat…
1Opinion of the CourtMaRSiiall, J.
It will be noticed from tbe statement tba£, except as to $400, there is no evidence in tbe record to' estab-lisb tbe amount of appellant’s claim other than ber own, and tbat sbe acknowledged payment of a sufficient sum to cover such amount with interest. Her evidence was objected to under sec. 4069, Stats. 1898, which provides tbat
“No party . . . shall be examined as a witness in respect to any transaction .or communication by him personally with a deceased person ... in any civil action or proceeding in which tire opposite party derives bis title, or sustains his liability, to the cause of…
2Cases cited3 opinions
- Brader v. BraderWisconsin Supreme Court · 1901
- Watts v. . WarrenSupreme Court of North Carolina · 1891
- Farmers & Traders Bank v. CrevelingSupreme Court of Iowa · 1892
3Cited by6 opinions
- Anderson v. LaugenWisconsin Supreme Court · 1904
- Schultz v. CulbertsonWisconsin Supreme Court · 1905
- Smart v. Estate of FordWisconsin Supreme Court · 1964
- Will of PullenWisconsin Supreme Court · 1917
- Nelson v. ZieglerWisconsin Supreme Court · 1928
1 more not listed; retrieve them via the Exa API.