Shafer v. Dean
Supreme Court of Iowa
Appeal from General Term, Twelfth District (Bremer Gounty). Thursday, July 21. Plaintiff’s claim is for care and attendance upon deceased, for his board, for use of room, etc., during bis last sickness. Tbe care, board, etc., are not denied, but it is insisted, in tbe answer, that they were not of tbe value charged.
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Appeal from General Term, Twelfth District (Bremer Gounty). Thursday, July 21. Plaintiff’s claim is for care and attendance upon deceased, for his board, for use of room, etc., during bis last sickness. Tbe care, board, etc., are not denied, but it is insisted, in tbe answer, that they were not of tbe value charged. Tbe claim was for $434, and plaintiff' recovered, before a jury in tbe circuit court, $259. This judgment was affirmed in tbe general term, and defendant again appeals.
1Opinion of the Court
"Wright, J.
To reverse this judgment appellant relies upon three grounds:
Where adverse party as executor: husband and wife. First. In allowing the wife of plaintiff to give testimony for him, material to the maintenance of his action, the facts of which she testified transpiring before the death of the deceased. The law . . . m relation to the proor ox claims against an . A 0 estate is, that the same rules of evidence, including those in relation to the calling and examination of the party as a witness, shall be observed as in cases pending in the district court. Eev. ^ 2392. Then the chapter…
2Cited by1 opinion
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