Kilburn v. Mullen
Supreme Court of Iowa
Appeal from, Blaclc SawJe District Court. Evidence : age of witness : general moral character : PROOF OF MARRIAGE, ETC. : CRIMINAL CONVERSATION. — Trial to jury, verdict for plaintiff for $5,000. Motion for new trial overruled, and defendant appeals. Tlie questions made and the further necessary facts appear in the. opinion.
1Opinion of the Court
Dillon J.
1. Evidence: child of tender age. I. It is first assigned as error, that the court refused to allow Mary Kilburn to be sworn as a witness, and to testify in the cause. She was the 0f ¿he plaintiff, but' was produced and offered as a witness by the defendant. “ Plaintiff objected to her being sworn, and being questioned by the court, she stated that she would be nine years old next fall.” (This trial was in May). The defendant then stated what he proposed to prove by the witness. The bill of exceptions then adds: “ Objection of plaintiff sustained, and the witness was not allowed by…
2Cases cited1 opinion
- State v. WilliamsSupreme Court of Iowa · 1865
3Cited by17 opinions
- State v. LarkinNevada Supreme Court · 1876
- State v. FergusonSupreme Court of Iowa · 1937
- State v. RockerSupreme Court of Iowa · 1906
- Fenner v. CommonwealthSupreme Court of Virginia · 1929
- Smith v. FullerSupreme Court of Iowa · 1908
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