Howard v. Patrick
Michigan Supreme Court
Error to "Wayne. Appeal to the Circuit Court from an order of the Probate Court confirming the rejection by commissioners on the estate of John W. Pardee, of a claim of $9578 made on behalf of the estate of D"oseph Pardee, by Emily Howard, administratrix, and disputed by Joseph A. Patrick, administrator of the estate of John W. Pardee. The appeal was heard and appellant recovered judgment for $8398.89 and costs, which was set aside.
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Error to "Wayne. Appeal to the Circuit Court from an order of the Probate Court confirming the rejection by commissioners on the estate of John W. Pardee, of a claim of $9578 made on behalf of the estate of D"oseph Pardee, by Emily Howard, administratrix, and disputed by Joseph A. Patrick, administrator of the estate of John W. Pardee. The appeal was heard and appellant recovered judgment for $8398.89 and costs, which was set aside. Upon a new trial appellant recovered judgment for $3788.11, which wras also set aside. It was then ordered on motion of defendant that the appellant file a…
1Opinion of the CourtMarston, J.
A large number of questions have been raised in this case. We do not however consider it necessary to refer to all, but only such of them as are likely to become important upon a new trial of the case.
I. The evidence of James Evans should have been *799admitted. The authorities are all agreed that where a witness has been sworn upon a former trial between the same parties and upon the same issue, and since the trial, has deceased, his testimony as. given upon the former trial is admissible. And while there is a conflict as to whether this rule may be extended to cases where the witness is sick or…
2Cases cited4 opinions
- Morris v. SmithTennessee Supreme Court · 1849
- Thatcher v. Wardens & Vestrymen of St. Andrew's ChurchMichigan Supreme Court · 1877
- Streeter v. PatonMichigan Supreme Court · 1859
- Cullen v. O'HaraMichigan Supreme Court · 1856
3Cited by41 opinions
- People v. DrosteMichigan Supreme Court · 1910
- Estill v. Citizens & Southern BankSupreme Court of Georgia · 1922
- Brown v. ForscheMichigan Supreme Court · 1880
- State v. KingUtah Supreme Court · 1902
- Toledo Traction Co. v. CameronCourt of Appeals for the Sixth Circuit · 1905
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