Hanna v. Barker
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. The complaint in this case alleges substantially as follows: “ That on December 11, 1877, the two defendants (appellant) and George W. Parker entered into an agreement in writing with the plaintiff (appellee) and Anselm H. Barker, Wm.
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Appeal from District Court of Arapahoe County. The complaint in this case alleges substantially as follows: “ That on December 11, 1877, the two defendants (appellant) and George W. Parker entered into an agreement in writing with the plaintiff (appellee) and Anselm H. Barker, Wm. N. Byers and Joseph L. Bailey, as follows: “This article of agreement, made this 11th day of December, A. D. 1877, between Anselm H. Barker, William N. Byers and Joseph L. Bailey, parties of the first part, and James W. Hanna and George W. Parker, parties of the second part, all of the county of Arapahoe' and state…
1Opinion of the CourtBeck, J.
It is assigned for error that the district court, erred in permitting the witness A. H. Barker to testify in the cause; and that it afterwards erred in denying a. motion to strike out his testimony.
The witness was the husband of the plaintiff below, Lucinda Barker. The contract sued upon provided that, in the event of one of three specified contingencies arising, a certain sum of money should be paid to the plaintiff. The witness A. H. Barker was permitted to testify on the theory that the litigation concerned the separate property of the wife, which made him a competent witness under ch.…
2Cases cited2 opinions
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- International State Bank v. Trinidad Bean & Elevator Co.Supreme Court of Colorado · 1926
- Knight v. HamakarOregon Supreme Court · 1901
- G., B. & L. R'y Co. v. EaglesSupreme Court of Colorado · 1886
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