Burdick v. Raymond
Supreme Court of Iowa
Appeal from Buena Vista District Gowt. — TIon. Lot Thomas, Judge. The plaintiff alleged in his petition that during the lifetime of Ambrose Burdick, his father, he entered into an agreement, partly oral and partly in writing, by the terms of which his father ivas to convey to- him certain real estate described, and, in consideration thereof, this plaintiff promised to- move thereon and care for his father and mother the remainder of their lives; that in pursuance of said…
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Appeal from Buena Vista District Gowt. — TIon. Lot Thomas, Judge. The plaintiff alleged in his petition that during the lifetime of Ambrose Burdick, his father, he entered into an agreement, partly oral and partly in writing, by the terms of which his father ivas to convey to- him certain real estate described, and, in consideration thereof, this plaintiff promised to- move thereon and care for his father and mother the remainder of their lives; that in pursuance of said agreement the father purchased the property, and plaintff moved thereon, and, on his part- fulfilled all the requirements…
1Opinion of the CourtLadd, J.
Various objections were interposed to- the testimony given by the plaintiff and his wife, as that it was incompetent, irrelevant, immaterial, hearsay, and not the best evidence. None of these were well taken. Section 4604- of the Code prohibits the giving of testimony by certain persons in regard to personal transactions or communications between such witnesses and a person at the commencement of the action deceased, insane, or lunatic. In other words, the witnesses are made incompetent to testify as to such transactions or communications. The objection of in competency, without more, goes to…
2Cases cited10 opinions
- Pillow v. Southwest Virginia Improvement Co.Supreme Court of Virginia · 1895
- Winters v. WintersSupreme Court of Iowa · 1897
- Burton v. BaldwinSupreme Court of Iowa · 1883
- McCormick v. HerndonWisconsin Supreme Court · 1887
- Heusinkveld v. St. Paul Fire & Marine InsuranceSupreme Court of Iowa · 1898
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. Von KleinOregon Supreme Court · 1914
- Bird v. JacobusSupreme Court of Iowa · 1901
- Erwin v. FillenwarthSupreme Court of Iowa · 1912
- State v. BrownSupreme Court of Iowa · 1905
- Coleman v. ColemanSupreme Court of Iowa · 1911
7 more not listed; retrieve them via the Exa API.