Williamson v. Peel
Supreme Court of Iowa
Appeal from Des Moines Circuit Court. Wednesday, August 31. This action was . commenced before a justice of the peace, and judgment rendered to plaintiff upon appeal to the circuit court. The errors assigned relate to the admission of evidence. The facts appear in the opinion.
1Opinion of the CourtBeck, J.
Before the trial of the case was commenced defendant made application for a continuance on account of the absence of a witness. He set out in his affidavit supporting the application the facts he expected to prove by the absent witness. The plaintiff admitted that the witness, if present, would testify to the facts as alleged in the affidavit. Upon the trial the affidavit, or such part of it as contained the statement of facts expected' to be proved by the absent witness, was read in evidence. *459The plaintiff was permitted, against defendant’s objection, to prove, in order to impeach the…
2Cases cited1 opinion
- State v. ShannehanSupreme Court of Iowa · 1867
3Cited by2 opinions
- National Council, Knights & Ladies of Security v. OwenSupreme Court of Oklahoma · 1915
- North Chicago Street Railroad v. CottinghamAppellate Court of Illinois · 1892