Nicholson v. Kilbury
Washington Supreme Court
Appeal from a judgment of the superior court for Spokane county, Blake, J., entered May 6, 1913, dismissing an action to recover upon claims against the estate of a decedent, after a trial before the court and a jury.
1Opinion of the CourtChadwick, J.
The plaintiff claims an interest in property now held by defendant as administrator of the estate of Emma J. Kilbury, deceased. Plaintiff sought to prove her interest by testifying to conversations had by the decedent with third parties, but in her presence and hearing. The court rejected the evidence, and from a judgment in favor of the defendant, plaintiff has appealed.
The only question involved in this action is whether the testimony should have been received. Rem. & Bal. Code, § 1211 (P. C. 81 § 1027), reads as follows:
“No person offered as a witness shall be excluded from giving evidence…
2Cases cited7 opinions
- Griswold v. . HartNew York Court of Appeals · 1912
- Sackman v. ThomasWashington Supreme Court · 1901
- Wilder v. WilderSupreme Court of Georgia · 1912
- Ray v. CampSupreme Court of Georgia · 1900
- Erusha v. TomashSupreme Court of Iowa · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- McCurley v. National Savings & Trust Co.Court of Appeals for the D.C. Circuit · 1919
- Fidelity National Bank v. CunninghamWashington Supreme Court · 1917
- Mower v. MowerUtah Supreme Court · 1924