Cutter v. Fanning
Supreme Court of Iowa
Appeal from the Scott District Court.. This action is brought to recover the value of eighty sheep,, which plaintiff alleges belonged to him, and which defendant converted to his own use. It appears that defendant was driving sheep from Ohio to Iowa, and when near Joliet,, in Illinois (as plaintiff alleges), plaintiff’s sheep got into the-drove, and were driven by defendant to Davenport, in this-state, at which place they were demanded, but not returned.
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Appeal from the Scott District Court.. This action is brought to recover the value of eighty sheep,, which plaintiff alleges belonged to him, and which defendant converted to his own use. It appears that defendant was driving sheep from Ohio to Iowa, and when near Joliet,, in Illinois (as plaintiff alleges), plaintiff’s sheep got into the-drove, and were driven by defendant to Davenport, in this-state, at which place they were demanded, but not returned. All material allegations of tbe petition, are denied in the answer. The issue being fully made, there was a trial by jury;: verdict for…
1Opinion of the Court
Weight, 0. J.
It is first claimed, that the court erred in excluding the testimony of the witness, Fanning. The Code, section 2890, in providing that a person wÍlo has a direct, certain, and legal interest in the suit, is not a competent witness, unless called on by the opposite party, is but declaratory of the rule, stated conversely in the books, that a person is competent, unless he has such an interest. And the preceding. .section, which provides that facts which have heretofore •caused the exclusion of testimony, may still be shown, for the purpose of lessening its credibility, also…
2Cases cited17 opinions
- Clark v. President of the Manufacturers' InsuranceSupreme Court of the United States · 1850
- Bristol v. BurtNew York Supreme Court · 1810
- Stewart v. ConnerSupreme Court of Alabama · 1846
- Spoor v. Holland & HarlowNew York Supreme Court · 1832
- Clark v. WhitakerSupreme Court of Connecticut · 1848
12 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- F.S. Credit Corp. v. Shear Elevator, Inc.Supreme Court of Iowa · 1985
- Prior v. RathjenSupreme Court of Iowa · 1972
- Sickles v. Dallas Center BankSupreme Court of Iowa · 1890
- Stroup v. BridgerSupreme Court of Iowa · 1904
- Gibson v. McIntireSupreme Court of Iowa · 1900
7 more not listed; retrieve them via the Exa API.