Legal Opinion

Watson v. Riskamire

Supreme Court of Iowa

Decided December 13, 1876PublishedCited by 10 opinions

Appeal from Benton District Court. ' It is alleged in the petition that plaintiff recovered two judgments against the defendant, John H. Riskamire, one in October, 1874, and the other in April, 1875, and that the whole of the first judgment, and a part of the second is unpaid; that said defendant was and for a long time had been the owner in fee of 80 acres of land in Benton county, and on the 17th day of September, 1874, he conveyed said land to his co-defendant, Sarah J.…

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Appeal from Benton District Court. ' It is alleged in the petition that plaintiff recovered two judgments against the defendant, John H. Riskamire, one in October, 1874, and the other in April, 1875, and that the whole of the first judgment, and a part of the second is unpaid; that said defendant was and for a long time had been the owner in fee of 80 acres of land in Benton county, and on the 17th day of September, 1874, he conveyed said land to his co-defendant, Sarah J. Riskamire, who is, and then was, his wife; that said conveyance was voluntary, and made for the purpose of hindering,…

1Opinion of the Court

1. evidence: wife?1pra<£d tlce

Rothbrock, J.

I. The plaintiff took the depositions of .the defendants to sustain the issues on his part, and at the close of the examination of each of said parties, the defendants excepted to said depositions because said witnesses were called, sworn, and testified, at the instance of the plaintiff and against each other. The same objection was made in the form of a motion to suppress the depositions, which was overruled by the court, and defendants excepted.

Chapter 33, Laws of 1874, provides, that “ neither the husband nor wife shall in any case be a witness…

2Cited by10 opinions

  1. Winters v. WintersSupreme Court of Iowa · 1897
  2. Burton v. BaldwinSupreme Court of Iowa · 1883
  3. Jones v. BrandtSupreme Court of Iowa · 1882
  4. Chew v. HoltSupreme Court of Iowa · 1900
  5. Burdick v. RaymondSupreme Court of Iowa · 1899

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