Levy v. Dwight
Supreme Court of Colorado
Appeal from District Court of Lake County. This action was brought in the county court of Lake county by S. iST. Dwight, appellee, against Sol Levy, to recover a money demand. Plaintiff recovered a judgment against the defendant in said court, and the defendant appealed to the district court of said county. ■ Pending said appeal, the death of said defendant being suggested, Babette Levy, the administratrix of the estate of said defendant, was substituted as party defendant.
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Appeal from District Court of Lake County. This action was brought in the county court of Lake county by S. iST. Dwight, appellee, against Sol Levy, to recover a money demand. Plaintiff recovered a judgment against the defendant in said court, and the defendant appealed to the district court of said county. ■ Pending said appeal, the death of said defendant being suggested, Babette Levy, the administratrix of the estate of said defendant, was substituted as party defendant. Upon the trial in the district court the plaintiff was permitted, over the objection of the defendant, to prove by John…
1Opinion of the Court
Rising, C.
The objection to the testimony of the witness Christy, and the objection to the testimony of the plaintiff based upon the provisions of the statute, may be considered together. That portion of the statute applicable to the consideration of the question so presented reads as follows: “No party to any civil action, suit or proceeding, or person directly interested in the event thereof, shall be allowed to testify therein, of his own motion, or in his own behalf, * * * when any adverse party sues or defends * * * as the executor or administrator * * * of any deceased person, * # *…
2Cases cited3 opinions
- Coughlin v. HaeusslerSupreme Court of Missouri · 1872
- Corning v. . WalkerNew York Court of Appeals · 1885
- Kelton v. HillSupreme Judicial Court of Maine · 1871
3Cited by7 opinions
- Brown v. First National BankSupreme Court of Colorado · 1911
- Berger v. CoonSupreme Court of Colorado · 1980
- Coon v. BergerColorado Court of Appeals · 1978
- Cree v. BeckerSupreme Court of Colorado · 1910
- Clayton v. Ogden State BankUtah Supreme Court · 1933
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