Legal Opinion

Kimball v. Kimball

Michigan Supreme Court

Decided November 2, 1867PublishedCited by 27 opinions

Error to Lenawee Circuit. This was an appeal from the allowance by a commissioner of the estate of Daniel Kimball, of certain claims against said estate. In the Circuit Court the defendant in error was permitted, under objection, to testify concerning certain dealings between himself and Samuel B. Kimball in his life time, and to offer certain .receipts in evidence. Judgment was rendered for plaintiff below.

Read the full summary

Error to Lenawee Circuit. This was an appeal from the allowance by a commissioner of the estate of Daniel Kimball, of certain claims against said estate. In the Circuit Court the defendant in error was permitted, under objection, to testify concerning certain dealings between himself and Samuel B. Kimball in his life time, and to offer certain .receipts in evidence. Judgment was rendered for plaintiff below. The exceptions to the rulings of the court below, are stated in the opinion.

1Opinion of the CourtCooley, J.

The first question requiring consideration in this case is, whether the court was right in allowing the claimant, Samuel B. Kimball, to testify on his own behalf to various dealings between himself and the deceased.

The statute provides “ That when a suit or proceeding is prosecuted or defended by the representatives of a deceased person, the opposite party, if examined as a witness on his own behalf, shall not be permitted to testify at all in relation to matters which, if true, must have been equally within the knowledge of such deceased person.” — (Laws 1861, p. 169). The construction put…

2Cases cited5 opinions

  1. Wenman v. Mohawk InsuranceNew York Supreme Court · 1835
  2. Van Alstyne v. . Van AlstyneNew York Court of Appeals · 1863
  3. Dubois v. BakerNew York Supreme Court · 1863
  4. Hogan v. ShermanMichigan Supreme Court · 1858
  5. McBride v. CicotteMichigan Supreme Court · 1857

3Cited by27 opinions

  1. Barry v. MinahanWisconsin Supreme Court · 1906
  2. Carroll v. ForsythIllinois Supreme Court · 1873
  3. Wamsley v. CrookNebraska Supreme Court · 1874
  4. Banaszkiewicz v. BaunMichigan Supreme Court · 1960
  5. Downey v. AndrusMichigan Supreme Court · 1880

22 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API