Legal Opinion

Sharmer v. McIntosh

Nebraska Supreme Court

Decided January 16, 1895No. 5420PublishedCited by 35 opinions

Appeal from the district court of Cheyenne county. Heard below before Church, J. One who has a direct legal interest in the result of a cause in which the adverse party is administrator of a deceased person is not a competent witness therein.

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Appeal from the district court of Cheyenne county. Heard below before Church, J. One who has a direct legal interest in the result of a cause in which the adverse party is administrator of a deceased person is not a competent witness therein. (Code Civil Procedure, sec. 329; Ransom v. Sehmela, 13 Neb., 74; Wamsley v. Crook, 3 Neb., 344; Magenau v. Bell, 13 Neb., 248; Housel v. Oremer, 13 Neb., 298; Martin v. Seott, 12 Neb., 42; Rakes v. Brown, 34 Neb., 304; Kim-ball v. Kimball, 16 Mich., 211; Cook v. Stevenson, 30 Mich., 242; Mundy v. Foster, 31 Mich., 313; Van Wert v. Chidester, 31 Mich.,…

1Opinion of the Court

Irvine, C.

Sharmer brought his action in the district court of Cheyenne county, alleging that the defendant Frank B. Johnson and Samuel C. Morgan had been copartners, doing business as bankers under the name of the State Bank of Sidney, in the town of Sidney, and continued to conduct said business until June 27, 1889, when Morgan died intestate; that the defendant McIntosh was his administrator; that Johnson, since the death of Morgan, had refused to administer the affairs of the partnership and had at all times since Morgan’s death denied the existence of the partnership; that the plaintiff…

2Cases cited2 opinions

  1. Wamsley v. CrookNebraska Supreme Court · 1874
  2. Dohle v. Omaha Foundry & Machine Co.Nebraska Supreme Court · 1884

3Cited by35 opinions

  1. Knowles v. SlocumWashington Supreme Court · 1915
  2. Kroh v. HeinsNebraska Supreme Court · 1896
  3. Kuhlman v. CargileNebraska Supreme Court · 1978
  4. State Ex Rel. Douglas v. SchroederNebraska Supreme Court · 1986
  5. Hamilton v. BayerNebraska Supreme Court · 1928

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