Johnston v. Spoonheim
North Dakota Supreme Court
Appeal from District Court, Grand Forks county; Fisk, J. Action by Charles W. Johnston against Elling K. Spoonheim and another. Verdict for plaintiff, and 'from an order denying a new trial, defendants appeal.
1DissentMorgan, C. J.
(dissenting.) I think that the evidence of the notary public was admissible as part of the res geste, and explanatory of the giving of the deed. I do not find any particular conflict as to the rule applicable to the admission of declaration made at the time of the doing of the act. The difficulty or disagreement occurs in applying the rule to the declarations in each case. Much diversity exists in applying the rule as to declarations made or as to acts done under the same or similar circumstances. The rule in civil cases is clearly stated in Elliott ón Evidence, an excellent and practical…
2Cases cited7 opinions
- Kenney v. PhillipyIndiana Supreme Court · 1883
- Woolery v. WooleryIndiana Supreme Court · 1868
- Johnston v. SpoonheimNorth Dakota Supreme Court · 1909
- Elliott v. StoddardMassachusetts Supreme Judicial Court · 1867
- Hart v. NewtonMichigan Supreme Court · 1882
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