Quick v. Brooks
Supreme Court of Iowa
Appeal from, Henry District Court. Wednesday, August 31. This action was commenced May 31, 1867, against the decedent (High) and the issue made up before his death. Plaintiff’s deposition, covering many pages, was taken in his own behalf, in the lifetime of High, he being present, advising with his counsel and assisting generally therein, said testimony being material and important.
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Appeal from, Henry District Court. Wednesday, August 31. This action was commenced May 31, 1867, against the decedent (High) and the issue made up before his death. Plaintiff’s deposition, covering many pages, was taken in his own behalf, in the lifetime of High, he being present, advising with his counsel and assisting generally therein, said testimony being material and important. The deposition of High, in his own behalf, was commenced and proceeded with for several days, and during the cross-examination there was an adjournment to a subsequent day, but the deposition was neither concluded…
1Opinion of the CourtWeight, J.
The facts to be found by this testimony transpired, of course, before the death of the intestate. It is also true that the unfinished deposition of the decedent was not received as evidence. The single question, then, is, can this deposition, taken in the lifetime of the intestate, in reference to matters transpiring before that time, when he was present and had full opportunity to cross-examine, be used as evidence after his death, against the objection of the administrator ? It seems to us, that the spirit and meaning of the law, forbid the admission of the testimony, and that in the ruling…
2Cases cited1 opinion
- Packard v. McCoySupreme Court of Iowa · 1855
3Cited by10 opinions
- Pink v. DempseyAppellate Court of Illinois · 1953
- Zane v. FinkWest Virginia Supreme Court · 1881
- Boyd v. GoreWisconsin Supreme Court · 1910
- Payne v. LongSupreme Court of Alabama · 1898
- Smith v. BillingsIllinois Supreme Court · 1898
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