Lincoln Avenue & Niles Center Gravel Road Co. v. Madaus
Illinois Supreme Court
Appeal from the Appellate Court for the First District;&emdash; heard in that court on appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This is an action by Madaus, against the gravel road company, for personal services. The plaintiff gave evidence tending to prove that his services were worth some thirty-six dollars ($36) per month.
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Appeal from the Appellate Court for the First District;&emdash; heard in that court on appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This is an action by Madaus, against the gravel road company, for personal services. The plaintiff gave evidence tending to prove that his services were worth some thirty-six dollars ($36) per month. The defendant contended that the work was done under a special contract for twenty-four dollars ($24) a month. Louisa Harms, the wife of Henry Harms, was offered by the defendant as a witness to prove the making of the…
1Opinion of the CourtJustice Dickey
At common law the wife, who was offered as a witness in this case, should clearly be held incompetent to testify for the defendant company, because of the interest of her husband in the result of the suit. Appellant contends that our statute has removed her incompetency. This the appellee denies.
We are not aware that this precise question has ever been determined by this court. In Mueller v. Rebhan, 94 Ill. 142, and in Mitchinson v. Gross, 67 id. 366, this court has decided that in cases where the husband or the wife is a party to the action, the other can be a witness in all the cases in…
2Cases cited5 opinions
- Mueller v. RebhanIllinois Supreme Court · 1879
- Merriam v. Hartford & New-Haven Rail-roadSupreme Court of Connecticut · 1850
- Cram v. CramSupreme Court of Vermont · 1860
- Fitch v. HillMassachusetts Supreme Judicial Court · 1814
- City Bank v. BangsNew York Court of Chancery · 1831
3Cited by6 opinions
- Craig v. MillerIllinois Supreme Court · 1890
- Thomas v. AnthonyIllinois Supreme Court · 1913
- Illinois Central Railroad v. BeckerAppellate Court of Illinois · 1905
- Miller v. CraigAppellate Court of Illinois · 1885
- Christy v. AshlockAppellate Court of Illinois · 1901
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