Legal Opinion

Sedgwick v. Sedgwick

California Supreme Court

Decided July 1, 1877No. 5437PublishedCited by 11 opinions

Appeal from the District Court, Fifth Judicial District, County of San Joaquin. The plaintiff was the executrix of the estate of Thomas Sedgwick, Jr., who died in February, 1874. This was an action on two promissory notes given by the defendant to the plaintiff during his lifetime. The defendant offered himself as a witness in his own behalf, in reference to one of the notes.

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Appeal from the District Court, Fifth Judicial District, County of San Joaquin. The plaintiff was the executrix of the estate of Thomas Sedgwick, Jr., who died in February, 1874. This was an action on two promissory notes given by the defendant to the plaintiff during his lifetime. The defendant offered himself as a witness in his own behalf, in reference to one of the notes. The Court received his testimony subject to an objection interposed by the plaintiff, but on final argument struck it out. The defendant excepted. The plaintiff had judgment, and the defendant appealed from the judgment…

1Opinion of the Court

By the amendment to the Code of Civil Procedure, made in 1874, the Legislature precluded parties to an action from testifying therein when the action is against an executor or an administrator of a deceased person upon a claim or demand against the estate of such deceased.

The present action on the note is by the executrix, and not against her, and is on a demand in favor of the estate of her testate, and not against said estate.

D. S. Terry and W. L. Dudley, for the Respondent, cited Blood v. Fairbanks, 50 Cal. 420, and Mitchell v. Hagenmeyer, 51 Cal. 108.

By the Coubt :

The third subdivision of…

2Cases cited2 opinions

  1. Blood v. FairbanksCalifornia Supreme Court · 1875
  2. Mitchell v. HaggenmeyerCalifornia Supreme Court · 1875

3Cited by11 opinions

  1. George v. McManusCalifornia Court of Appeal · 1915
  2. Bruce v. UlleryCalifornia Supreme Court · 1962
  3. Norgard v. Estate of NorgardCalifornia Court of Appeal · 1942
  4. Moore v. SchofieldCalifornia Supreme Court · 1892
  5. Ridley v. VanderBoeghIdaho Supreme Court · 1973

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