Knittle v. Ernst
South Dakota Supreme Court
Appeal from Gregory County Court. ITon. Chas. A. Davis, Judge. Action by S'arah, Kniittle, against Alfred Ernst, -in which Walter H. K-upfer, as guardian -of the person and estate of Jacob Ernst, an incompetent person, .intervenes-. From a judgment f-or plaintiff, and- from an order -denying -a new trial, defendant and intervener -appeal. Appellants cited; Jones Commentaries- on Ev., Blue Book, V-o-1. 4, p. 710, Sec. 779 ( 791)> -anti -cases cited.
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Appeal from Gregory County Court. ITon. Chas. A. Davis, Judge. Action by S'arah, Kniittle, against Alfred Ernst, -in which Walter H. K-upfer, as guardian -of the person and estate of Jacob Ernst, an incompetent person, .intervenes-. From a judgment f-or plaintiff, and- from an order -denying -a new trial, defendant and intervener -appeal. Appellants cited; Jones Commentaries- on Ev., Blue Book, V-o-1. 4, p. 710, Sec. 779 ( 791)> -anti -cases cited. Respondent cited: Hawley vs. B-ou'd, 20 S. D. 215.
1Opinion of the CourtMcCOY, J.
This action was instituted to recover possession of certain live stock and1 household- furniture. There wias verdidt and judgment fo-r plalihtiff/ from which defendants appeal.
Respondent claimed1 to he t-he owner of the property in question, and at the -trial, to sustain her claimi of ownership, went upon the stand and- testified as- a witness in her oiwn behalf. On direct examination she was asked; the question, “who -was the owner of this cow at the time of the commencement of this, action ?” AppeE lants’ counsel objected to the question on t-he ground ¡that the witness was -incompetent to…
2Cases cited2 opinions
- Hawley v. BondSouth Dakota Supreme Court · 1905
- Hess v. South Dakota Central Railway Co.South Dakota Supreme Court · 1913
3Cited by2 opinions
- Hanson v. FieslerSouth Dakota Supreme Court · 1926
- In Re Rosengren's EstateSouth Dakota Supreme Court · 1938