Smith v. Potter
Supreme Court of Vermont
Witness. Proof of statutes of other states'. Depositions. Award. Assumpsit, upon an award; and for the use and occupation of a house, out-buildings, and lot of land by the defendant and one Simeon Dunson, since deceased ; goods sold, money paid, &c. Plea, the general issue ; trial by jury, September Term, 1854, — Pierpoint, J., presiding.
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Witness. Proof of statutes of other states'. Depositions. Award. Assumpsit, upon an award; and for the use and occupation of a house, out-buildings, and lot of land by the defendant and one Simeon Dunson, since deceased ; goods sold, money paid, &c. Plea, the general issue ; trial by jury, September Term, 1854, — Pierpoint, J., presiding. The plaintiff’s testimony tended to show that he leased to the defendant and one Simeon Dunson, since deceased, a lot of land with a dwelling-house, office and other buildings thereon, situated in Granville, in the state of New York, for one year from the…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
I. A question is made in regard to the competency of the testimony of the widow of one, while living, interested as a party to the controversy. The statute has now removed all objections arising from interest merely, whether as a party, or otherwise. But the English courts have held under a similar statute, that the wife is not thereby rendered competent to testify, where the husband is a party and still living. And this court have adopt-ted the same view in Manchester v. Machester, 24 Vt. 649. But where the husband has deceased, it has…
2Cases cited2 opinions
- Edgell v. BennettSupreme Court of Vermont · 1833
- Manchester v. ManchesterSupreme Court of Vermont · 1852
3Cited by17 opinions
- R. E. Bean Construction Co. v. Middlebury Associates & Middlebury Developers, Inc.Supreme Court of Vermont · 1980
- Gross v. StateCourt of Criminal Appeals of Texas · 1911
- Cram v. CramSupreme Court of Vermont · 1860
- Gant v. StateCourt of Criminal Appeals of Texas · 1909
- Land Finance Corp. v. St. Johnsbury Wiring Co.Supreme Court of Vermont · 1927
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