Legal Opinion

McBride v. Kirkpatrick

District Court, N.D. West Virginia

Decided September 24, 1913PublishedCited by 1 opinion

In Equity. Suit by Harriet Elizabeth McBride -against Emma Jane Kirkpatrick. On motion to exclude testimony.

1Opinion of the Court

DAYTON, District Judge.

[1] It is substantially admitted that Mrs. Kirkpatrick is an incompetent witness under the West Virginia statute (Code 1906, § 3945), which must govern by yirtue of the act of Congress of June 29, 1906 (34 Stat. at Earge, 618 [U. S. Comp. St. Supp. 1911, p. 271]) amending section 858 of the United States Revised Statutes, as to “all personal transactions or communications” between her and decedent, Dee McBride; but her counsel insist that her testimony is free from this objection, for that it relates only to the identification of checks and bills given by and receipted…

2Cases cited7 opinions

  1. Blease v. GarlingtonSupreme Court of the United States · 1876
  2. Calwell v. Prindle's Adm'rWest Virginia Supreme Court · 1877
  3. Fouse v. GilfillanWest Virginia Supreme Court · 1898
  4. Poling v. HuffmanWest Virginia Supreme Court · 1900
  5. Thomson-Houston Electric Co. v. Jeffrey Manuf'g Co.U.S. Circuit Court for the District of Southern Ohio · 1897

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

3Cited by1 opinion

  1. Kirkpatrick v. McBrideCourt of Appeals for the Fourth Circuit · 1916

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