Brown v. Johnson
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Burnett county: A. J. YiNje, Circuit Judge. This is an action brought by the plaintiff, as administrator of the estate of Ann Eliza Huber, deceased, to recover possession of three certificates of deposit issued by the Bank of Ellsworth, March 30, 1894, for $400 each, and two promissory notes owned by the deceased, one for $50 and one for $300. On the trial the plaintiff contended that the securities'in question belonged to the…
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Appeal from a judgment of tbe circuit court for Burnett county: A. J. YiNje, Circuit Judge. This is an action brought by the plaintiff, as administrator of the estate of Ann Eliza Huber, deceased, to recover possession of three certificates of deposit issued by the Bank of Ellsworth, March 30, 1894, for $400 each, and two promissory notes owned by the deceased, one for $50 and one for $300. On the trial the plaintiff contended that the securities'in question belonged to the estate of the deceased, and were in her possession at the time of her death, and were taken and carried away by the…
1Opinion of the Court
"WiNslow, J.
There is but one serious question in this case, and that is as to the admissibility of the evidence of Adam Huber, the husband of the deceased, Ann Eliza Huber. He was produced as a witness for the plaintiff administrator, and gave testimony to the effect that he saw the securities in a bos in the bed chamber occupied by himself and the deceased on the day prior to her death, and also on the morn*663ing following. This testimony was objected to by tbe defendant on tbe ground that tbe witness was incompetent to testify, because be was the husband of tbe deceased. Tbe objection was…
2Cases cited4 opinions
- Williams v. BaldwinSupreme Court of Vermont · 1835
- Bigelow v. SicklesWisconsin Supreme Court · 1890
- McGuire v. MaloneyCourt of Appeals of Kentucky · 1841
- Crook v. HenryWisconsin Supreme Court · 1870
3Cited by4 opinions
- Schultz v. CulbertsonWisconsin Supreme Court · 1905
- Lee v. HammondWisconsin Supreme Court · 1902
- Cestero v. Sucesión Intestada de CesteroSupreme Court of Puerto Rico · 1926
- Cestero v. Heirs of CesteroSupreme Court of Puerto Rico · 1926