Karney v. Paisley
Supreme Court of Iowa
Appeal from Dubuque District Court. ACTION for words charging the plaintiff with larceny. The defendant appeals. The material questions raised in the trial below are stated in the opinion of the court. (No argument on file.) I. What was said and done when the words complained of were spoken is admissible for the purpose of showing the feeling wbicb actuated the defendant. McClintoclc v. Cride, 4 Iowa, 453 ; 3 Am. L. C., 203; 3 Phil. Ev., 559 ; 2 Greenl. Ev., § 418. II.
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Appeal from Dubuque District Court. ACTION for words charging the plaintiff with larceny. The defendant appeals. The material questions raised in the trial below are stated in the opinion of the court. (No argument on file.) I. What was said and done when the words complained of were spoken is admissible for the purpose of showing the feeling wbicb actuated the defendant. McClintoclc v. Cride, 4 Iowa, 453 ; 3 Am. L. C., 203; 3 Phil. Ev., 559 ; 2 Greenl. Ev., § 418. II. The court properly excluded the testimony of the defendant’s wife. Section 3983 of the 'Revision of 1860. The evidence of the…
1Opinion of the CourtLowe, J.
— A slander case, in which the plaintiff prevailed and the defendant seeks a reversal of the judgment against him, upon several grounds of alleged error.
The first demanding attention is, that his wife, Margaret, was not permitted to testify in his behalf. Section 3983 of *91the Revision of 1860 excludes her. But it is said this statute is inoperative, because in conflict with the fourth section of the first article of the Constitution. This, we think, is a misconception. There is nothing in the section of the Constitution referred to that takes from the General Assembly, the power to declare…
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