Legal Opinion

Kemble v. Lyons

Supreme Court of Iowa

Decided October 25, 1918PublishedCited by 7 opinions

Appeal from Guthrie District Court. — J. H. Applegate, Judge. Action for damages for alienating the affections of plaintiff’s wife. There was a directed verdict for the defendant, and plaintiff appeals.

1Opinion of the CourtEvans, J.

1. Evidence: absence of cross-examination. I. Only one question is presented for our consideration on this appeal. That involves the construction of Section 245-a, Code Supplement, 1913. The trial below was had in the February term, 1917. At that time, plaintiff’s wife was deceased, qq,e p]aintiíT offered in evidence a certified transcript of certain testimony given by her at a former term of the court. This testimony was given on a trial of the same cause, which trial, however, ivas interrupted by a continuance of the cause. Such continuance was granted upon the application of the plaintiff,…

2Cases cited3 opinions

  1. The People v. . ColeNew York Court of Appeals · 1871
  2. Sperry v. Estate of MooreMichigan Supreme Court · 1880
  3. Morley v. CastorAppellate Division of the Supreme Court of the State of New York · 1901

3Cited by7 opinions

  1. Waterman Steamship Corporation v. Gay Cottons, United States of America and Shalom Baby WearCourt of Appeals for the Ninth Circuit · 1969
  2. Nehring v. SmithSupreme Court of Iowa · 1951
  3. Womochil v. PetersSupreme Court of Iowa · 1939
  4. In Re Amica, Inc.United States Bankruptcy Court, N.D. Illinois · 1992
  5. Kubin v. Chicago Title & Trust Co.Appellate Court of Illinois · 1940

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