Martin v. Scott
Nebraska Supreme Court
Error to the district court for York county. Plaintiff filed a claim for medical services, etc., in the county court, against the estate of McWhirter, amounting to $459.00. The county court having allowed $35.00, Martin appealed, and on trial in the district court, before Post, J., and a jury, obtained a verdict and judgment for the same sum only, and thereupon brought the cause here for a review on a petition in error. Plaintiff was a competent witness.
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Error to the district court for York county. Plaintiff filed a claim for medical services, etc., in the county court, against the estate of McWhirter, amounting to $459.00. The county court having allowed $35.00, Martin appealed, and on trial in the district court, before Post, J., and a jury, obtained a verdict and judgment for the same sum only, and thereupon brought the cause here for a review on a petition in error. Plaintiff was a competent witness. Anthony v.- Stinson, 4 Kan., 220. Book of account was admissible. Civil code, sec. 346. 1 Greenleaf Ev., see. 20. Plaintiff could not…
1Opinion of the CourtCobb, J.
The plaintiff offered himself as a witness to prove his-book of accounts for the purpose of introducing it in evidence, which offer was refused. He then introduced Mrs. W. H. Martin, his wife, as a witness, who testified, among other things, as follows :
Q. State whether you knew William McWhirter in his life-time ?
A. Yes.
Q. Did you know his condition, as to health?
A. Yes.
Q. You may state how that was, whether he was a. healthy man or not ?
*44A. He was very delicate, I know.
Q. ' Tou may state whether you know what the business of your husband is ? '
A. Yes, sir. He is a physician.
Q. Now you may…
2Cases cited1 opinion
- Wamsley v. CrookNebraska Supreme Court · 1874
3Cited by6 opinions
- Labaree v. KlostermanNebraska Supreme Court · 1891
- Fitch v. MartinNebraska Supreme Court · 1909
- Wilson v. Prudential Ins. Co. of AmericaMichigan Supreme Court · 1936
- Harrison v. GrizzardNebraska Supreme Court · 1974
- Priest v. Business Men's Protective Ass'nNebraska Supreme Court · 1928
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