Witte v. Koeppen
South Dakota Supreme Court
Appeal from circuit court, Minnehaha cóunty. Hon. Joseph W. Jones, Judge. Action by Christian F. H. Witte against Albert C. Koeppen, as administrator of the estate of C. F. H. Koeppen, deceased, to recover a money judgment. From a judgment for plaintiff and an order denying a new trial, defendant appeals. The facts are stated in the opinion. The testimony of the witness Christian Koeppen was incompetent.
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Appeal from circuit court, Minnehaha cóunty. Hon. Joseph W. Jones, Judge. Action by Christian F. H. Witte against Albert C. Koeppen, as administrator of the estate of C. F. H. Koeppen, deceased, to recover a money judgment. From a judgment for plaintiff and an order denying a new trial, defendant appeals. The facts are stated in the opinion. The testimony of the witness Christian Koeppen was incompetent. He was the original owner of the claim in suit and the fact that he assigned the claim will not bring his testimony out of the bar of the statute that prohibits either party to an action…
1Opinion of the CourtCorson, P. J.
This is an action by the plaintiff, as assignee of Christian F. Koeppen, to recover of the defendant, as the administrator o‘f the estate of Christian F. H. Koeppen, deceased, the sum of §8,000. The plaintiff recovered judgment for the sum of §3,700, and from this judgment and order denying a new trial the defendant appealed to this court. Christian F. Koeppen, the assignor of plaintiff/ was the father of Christian F. H. Koeppen, deceased.,' and claims to have intrusted to his son, in his lifetime, the sum of §8,000, to be invested by him in the name of him, the said Christian F. Koeppen,…
2Cases cited10 opinions
- United States v. DicksonSupreme Court of the United States · 1841
- Lobdell v. . LobdellNew York Court of Appeals · 1867
- Potter v. National BankSupreme Court of the United States · 1880
- Voss v. KingWest Virginia Supreme Court · 1889
- St. John v. LoflandNorth Dakota Supreme Court · 1895
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