Howard v. Patrick
Michigan Supreme Court
Error to Wayne. Appeal from an order of the Probate Court confirming the disallowance of a claim against the estate of John W. Pardee. Judgment was given for the estate, and claimant brings error. Whatever bears directly on the credibility of a witness is material to the issue, Van Wyck v. McIntosh 14 N. T. 439; when the character of a party has been attacked, it becomes a material issue, 1 Gxeenl. Ev. §§ 54, 55; 1 Ph. Ev.
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Error to Wayne. Appeal from an order of the Probate Court confirming the disallowance of a claim against the estate of John W. Pardee. Judgment was given for the estate, and claimant brings error. Whatever bears directly on the credibility of a witness is material to the issue, Van Wyck v. McIntosh 14 N. T. 439; when the character of a party has been attacked, it becomes a material issue, 1 Gxeenl. Ev. §§ 54, 55; 1 Ph. Ev. C. & H. Notes 529; Doe v. Walker 4 Esp. 50; Rúan v. Perry 3 Cai. 121; See King v. Francis 3 Esp. 116; Ray ,v. Donnell 4 MeL. 504; papers outside of the case cannot be…
1Opinion of the CourtCampbell, J.
Plaintiff in error presented a claim against the estate of John W. Pardee, on behalf of the estate of Joseph Pardee who was father of John, and whose personal estate she claimed John had converted after the father’s death. The claim was for the value of the property alleged to have been converted. Joseph Pardee died November 21, 1859, leaving three sons and several daughters, of whom plaintiff is one. There are also some descendants named Conklin, by a former marriage. John Pardee died October 19, 1872. Joseph Pardee also left a widow, who continued to live on the homestead. Plaintiff…
2Cases cited5 opinions
- Vinton v. PeckMichigan Supreme Court · 1866
- Howard v. PatrickMichigan Supreme Court · 1878
- Van Sickle v. PeopleMichigan Supreme Court · 1874
- First National Bank v. RobertMichigan Supreme Court · 1879
- Jones v. BeesonMichigan Supreme Court · 1877
3Cited by12 opinions
- State v. CliffordWest Virginia Supreme Court · 1906
- Fourth National Bank v. McArthurSupreme Court of North Carolina · 1915
- Patrick v. HowardMichigan Supreme Court · 1881
- Hitchcock v. MooreMichigan Supreme Court · 1888
- Rodgers v. BlandonMichigan Supreme Court · 1940
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