Calderwood v. Estate of Calderwood
Supreme Court of Vermont
Appeal from the decision of commissioners on the estate of Alexander Calderwood, obtained by petition of the plaintiff. The case was tried by jury, December Term, 1864, Poland, Ch. J., presiding. •The said Alexander died in January, 1863. The first meeting of the commissioners on his estate was in June, 1863, when the plaintiff presented his claim against the estate.
Read the full summary
Appeal from the decision of commissioners on the estate of Alexander Calderwood, obtained by petition of the plaintiff. The case was tried by jury, December Term, 1864, Poland, Ch. J., presiding. •The said Alexander died in January, 1863. The first meeting of the commissioners on his estate was in June, 1863, when the plaintiff presented his claim against the estate. The commissioners made their report to the probate court November 19th, 1863. The plaintiff’s petition for leave to enter an appeal was dated on the 12th and served on the 22d of February 1864. The plaintiff was offered as a…
1Opinion of the Court
The opinion of the court was delivered by
Pieepoint, J.
The only question raised by the defendant on the hearing in this court, is as to the admissibility of the plaintiff ás a witness.
By the 24th section of the 36th chapter of the General Statutes it is provided that “no person shall be disqualified as a witness in any *174civil suit or proceeding at law, or in equity, by reason of his interest in the event of the same as party or otherwise.” Provided that in all actions, except actions on book account, where one of the original parties to the contract or cause'of action in issue on trial, is dead…
2Cited by4 opinions
- Frame v. PlumbWisconsin Supreme Court · 1909
- State ex rel. Green Bay & Minnesota Railroad v. JenningsWisconsin Supreme Court · 1882
- Nichols v. BinghamSupreme Court of Vermont · 1898
- Dunn v. Town of PownalSupreme Court of Vermont · 1893