Heuston v. Simpson
Indiana Supreme Court
From the Lawrence Circuit Court.
1Opinion of the CourtElliott, J.
This action was brought by the appellant to set aside the will of his deceased brother, David Heuston.
The executor and devisees were made defendants.
On the trial two of the physicians who attended the testator in his last illness were called as witnesses, and the appellant proposed to prove by them the mental and physical condition of the testator. The appellees objected, on the ground that an attending physician can not testify as to the result of an examination made by him in a professional capacity, nor as to any facts observed or learned by him while acting in that capacity. The objection…
2Cases cited9 opinions
- Mutual Life Insurance v. WilerIndiana Supreme Court · 1885
- Renihan v. . DenninNew York Court of Appeals · 1886
- Masonic Mutual Benefit Ass'n v. BeckIndiana Supreme Court · 1881
- Carthage Turnpike Co. v. AndrewsIndiana Supreme Court · 1885
- Excelsior Mutual Aid Ass'n v. RiddleIndiana Supreme Court · 1883
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3Cited by17 opinions
- Thompson v. IshSupreme Court of Missouri · 1889
- Winters v. WintersSupreme Court of Iowa · 1897
- Pennsylvania Co. v. MarionIndiana Supreme Court · 1890
- Kern v. KernIndiana Supreme Court · 1900
- Bower v. BowerIndiana Supreme Court · 1895
12 more not listed; retrieve them via the Exa API.