McKean v. Massey
Supreme Court of Kansas
JError from Linn District Court; The administratrix of the estate of A. B. Massey, deceased, brought suit against Wm. R. McKean, Horace B. Smith, and seven others, as partners, upon an alleged indebtedness to her intestate, which accrued “ between the 2d day of August 1857, and the 20th of July 1859,” for services rendered for defendants in Linn county. Among the defenses set up in the answer was a general denial. The answer was not verified.
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JError from Linn District Court; The administratrix of the estate of A. B. Massey, deceased, brought suit against Wm. R. McKean, Horace B. Smith, and seven others, as partners, upon an alleged indebtedness to her intestate, which accrued “ between the 2d day of August 1857, and the 20th of July 1859,” for services rendered for defendants in Linn county. Among the defenses set up in the answer was a general denial. The answer was not verified. The case was tried at the April Term 1871. The defendants offered said Horace B. flmith, one of the defendants, as a witness. Plaintiff objected, on the…
1Opinion of the Court
The opinion of the court was delivered by
Kingman, C. J.:
The exceptions in this case raise but one question, and that is,- Can a defendant be a witness in his own behalf, in an action brought by an administratrix for indebtedness due the deceased in his lifetime ? This question is presented very broadly by the record. It is not Avhether such a person may testify as to a particular class of facts, but Avhether lie may in such a case be a Avitness at all in his own behalf. The fact of a person being a party interested does not prevent him from being a Avitness in his OAvn behalf. But § 322 of…
2Cases cited1 opinion
- Simmons v. . SissonNew York Court of Appeals · 1863
3Cited by7 opinions
- Harris v. MorrisonSupreme Court of Kansas · 1917
- Griffith v. RobertsonSupreme Court of Kansas · 1906
- Hutchings v. WinsorSupreme Court of Oklahoma · 1923
- Park v. EnsignCourt of Appeals of Kansas · 1901
- McCartney v. SpencerSupreme Court of Kansas · 1881
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