Legal Opinion

Goldsworthy v. Johnson

Nevada Supreme Court

Decided January 15, 1922No. 2451PublishedCited by 17 opinions

Appeal from the Fifth Judicial District Court, Nye . County; Mark R. Averill, Judge. Action by W. E. Goldsworthy against D. S. Johnson. Judgment for defendant, and plaintiff appeals. The court erred in permitting respondent to testify as to the donor’s physical condition, and as to what she had told him about it three days before her death.’ “No person shall be allowed to testify: 1. When the other ■ party to the transaction is dead.”

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Appeal from the Fifth Judicial District Court, Nye . County; Mark R. Averill, Judge. Action by W. E. Goldsworthy against D. S. Johnson. Judgment for defendant, and plaintiff appeals. The court erred in permitting respondent to testify as to the donor’s physical condition, and as to what she had told him about it three days before her death.’ “No person shall be allowed to testify: 1. When the other ■ party to the transaction is dead.” Rev. Laws, 5419. The alleged gift causa mortis was clearly a “transaction.” The statute plainly prohibited respondent from testifying. Reinhart v. Echave, 185…

1Opinion of the Court

By the Court,

Coleman, J.:

The appellant having been the plaintiff below, the parties will be referred to in this opinion as plaintiff and defendant.

The plaintiff is the surviving husband of Margaret L. Goldsworthy, who died on May 9, 1918. They were married on December 25, 1910. Upon their marriage they took up their residence at the Mercury mine at lone, in Nye County, where the plaintiff held a position as superintendent of that property. They continued to reside together at the place mentioned until 1913 (prior to which time the mine closed down and the plaintiff lost his position), when it…

2Cases cited8 opinions

  1. Ridden v. . ThrallNew York Court of Appeals · 1891
  2. Thomas' Adm'r v. LewisSupreme Court of Virginia · 1892
  3. Rounds Bros. v. McDanielCourt of Appeals of Kentucky · 1909
  4. Stephenson's adm'r v. KingCourt of Appeals of Kentucky · 1883
  5. MacKenzie v. SteevesWashington Supreme Court · 1917

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3Cited by17 opinions

  1. Ormachea v. OrmacheaNevada Supreme Court · 1950
  2. Nelson v. Sierra Construction Corp.Nevada Supreme Court · 1961
  3. Zeigler v. MooreNevada Supreme Court · 1959
  4. Eaton v. J. H. Inc.Nevada Supreme Court · 1978
  5. In Re Wilson's EstateNevada Supreme Court · 1936

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