Jones v. Beeson
Michigan Supreme Court
Error to Berrien Circuit. This suit was brought in justice’s court by defendant in error, as administrator of the estate of William B. Beeson, deceased. The defense having been excluded by the justice, judgment passed for the plaintiff, and defendants removed the cause by certiorari to the circuit, where the judgment of the justice was affirmed. Defendants thereupon brought error.
1Opinion of the Court
Campbell, J:
Suit was brought before a justice of the peace, upon a note in favor of William B. Beeson, deceased, and on the defense it was sought to introduce evidence of payment by one of the defendants. Several questions were put and all ruled out. One of them related to payment made since suit brought or at the commencement of suit, and one was directed to a payment made to agents of the deceased. All the questions were ruled out as relating to matters equally within the knowledge of witness and decedent.
*215These questions, in order to fall within that objection, should be distinctly aimed at…
2Cited by3 opinions
- Downey v. AndrusMichigan Supreme Court · 1880
- Howard v. PatrickMichigan Supreme Court · 1880
- Bullock v. Tompkins' EstateMichigan Supreme Court · 1900