White v. Tucker
Supreme Court of Iowa
Appeal from Linn District Court. This was an action on an account. The material facts are presented in the opinion of the court. relied on 5 Peters 580, 561; 5 Mason 177; 2 Peters 187, 197; 5 Cowen 689; 11 Wend. 87. cited 1 Greenl. Ev. sec’s 496-428, 436-438.
1Opinion of the CourtStockton, J.
The witness, Lyons, was shown to have been a partner of the plaintiff, and jointly interested in the account sued on, at the time the suit was brought; and the court ruled that he was not a competent witness to testify for the plaintiff, “whereupon, (the bill of exception states,) the witness, Lyons, executed to plaintiff a release, and plaintiff a release to Lyons, and plaintiff then again offered said Lyons as a witness. The court held that by virtue of the release, Lyons was a competent witness for plaintiff, and permitted him to testify, and he gave testimony material to the issue.” In…
2Cited by3 opinions
- Bryan v. WelchCourt of Appeals for the Tenth Circuit · 1935
- Pharo v. JohnsonSupreme Court of Iowa · 1864
- McCormick v. ClealCourt of Appeals for the D.C. Circuit · 1898