Dunne v. Deery
Supreme Court of Iowa
Appeal from Dubuque OireuU Oo'wrt. JohN Scully died intestate prior to September, 1870, and Catharine Scully was appointed administratrix of his estate.
Read the full summary
Appeal from Dubuque OireuU Oo'wrt. JohN Scully died intestate prior to September, 1870, and Catharine Scully was appointed administratrix of his estate. The plaintiff alleges that, prior to September 9,1871, he furnished said administratrix, for the benefit of said estate, cash to pay interest, $50; to pay appraisers, $25; for repairing-road, $12 50; for cutting hay and stacking, $20; and furnished other items, cash, tea, sugar, etc., a detailed account of which is set out, aggregating $130; that on the date last named, Catharine Scully, administratrix, gave a note therefor, which is set out;…
1Opinion of the CourtCode, J.
I. Upon the trial the plaintiff was introduced as a witness for himself, to prove the transactions upon which 1. evidence: administrator de boms non. the action is based; he was objected to as beine: . , „ “r , , incompetent, under Code, § 3639, because the person with whom the transactions were had was dead, and the administrator of a deceased person was a party defendant. But this cas'e is not within either the letter or spirit of that section, for that the defendant here is not the administrator of the person with whom the transactions were had. The court did not, therefore, err in…
2Cases cited1 opinion
- Kendricks. v. DallumTennessee Supreme Court · 1812
3Cited by14 opinions
- In Re Estate of HarshSupreme Court of Iowa · 1928
- McLaughlin v. WinnerWisconsin Supreme Court · 1885
- Hayes v. ShirkIndiana Supreme Court · 1906
- First National Bank v. CollinsMontana Supreme Court · 1896
- Iowa Electric Co. v. ScottSupreme Court of Iowa · 1928
9 more not listed; retrieve them via the Exa API.