Bradley v. Kavanagh
Supreme Court of Iowa
Appeal from Wapello District Court. REPLEVIN for a horse bought in the life time of plaintiff. Pending the action, plaintiff’s death being suggested, his administratrix was substituted. On the trial, which took place in May, 1860, the administratrix was offered as a witness, to sustain plaintiff’s action. To the introduction of this witness defendant objected, and the objection was overruled. Yerdict for plaintiff, motion for a new trial overruled, and defendant appeals.
1Opinion of the CourtWrisht, J.
To dispose of this cause, it is sufficient to say, that there is nothing to show that the witness testified to anything material to its determination. It only appears that she was offered, objected to, admitted, but what she testified is not stated. Nor is it even stated that she testified to matters material to the disposition of the cause. Under such circumstances, we can not say there was such error as to justify reversal.
It is claimed, however, that she -was incompetent under § 8982, of the Rev. of 1860, and as it is the first time that the question has been made, before us, we proceed to…
2Cited by4 opinions
- Zane v. FinkWest Virginia Supreme Court · 1881
- Jacobs v. City of Cedar RapidsSupreme Court of Iowa · 1917
- Mosier v. VincentSupreme Court of Iowa · 1872
- Stiles & Winter v. Estate of BotkinSupreme Court of Iowa · 1870