Veiths v. Hagge
Supreme Court of Iowa
Appeal from the Scott District Court. This was an action upon a promissory note for $1,050. commenced by attachment, on the ground that the defendant had property, goods, or money, lands and tenements, or choses in action, not exempt from execution, which he refused to give either in payment or security of the said debt.
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Appeal from the Scott District Court. This was an action upon a promissory note for $1,050. commenced by attachment, on the ground that the defendant had property, goods, or money, lands and tenements, or choses in action, not exempt from execution, which he refused to give either in payment or security of the said debt. An attachment was duly issued, and levied on certain goods, wares and merchandize in 'the store of the defendant, who executed a bond for the delivery of the property or the payment of its estimated value, within twenty days after the rendition of judgment in said suit. This…
1Opinion of the CourtStockton, J.
1. "We think there was no substantial prejudice to the rights of the defendant, in the permission given by the court to the plaintiff, to interrupt the examination in chief of the witness, Stolley, to enable the plaintiff to ask him whether he had any interest in the suit. Objection to the competency of a witness should, in general, be taken before he is examined in chief. There is no objection, however, to its being taken at any time during the trial, provided it is taken as soon as the interest is discovered. If *182discovered during the examination in chief, it is not too late to make the…
2Cases cited3 opinions
- Meech v. SmithNew York Supreme Court · 1831
- Sackett, Belcher & Co. v. PartridgeSupreme Court of Iowa · 1857
- Larue v. RowlandNew York Supreme Court · 1849
3Cited by24 opinions
- Viele v. Germania InsuranceSupreme Court of Iowa · 1868
- Howell v. MooresIllinois Supreme Court · 1889
- Simpson v. First Nat. BankCourt of Appeals for the Eighth Circuit · 1904
- Ricker v. DavisSupreme Court of Iowa · 1913
- Harmon v. DeckerOregon Supreme Court · 1902
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