Cannady v. Lynch
Supreme Court of Minnesota
Plaintiff brought this action in the district court for McLeod county, to recover damages for ill-treatment by the defendants, with whom she had lived for several years. The case was tried before Macdonald, J., and a jury, who returned a verdict for plaintiff for $5,000. The defendants moved for a new trial, which was denied, and they appealed.
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Plaintiff brought this action in the district court for McLeod county, to recover damages for ill-treatment by the defendants, with whom she had lived for several years. The case was tried before Macdonald, J., and a jury, who returned a verdict for plaintiff for $5,000. The defendants moved for a new trial, which was denied, and they appealed. In her complaint plaintiff alleged: “That, by reason and in consequence of the said several acts and doings committed by defendants, as aforesaid, plaintiff has suffered, ” etc., “and that plaintiff became deranged in her mind, and became insane, and…
1Opinion of the CourtGilfillan, C. J.
The statute (Gen. St. 1878, c. 73, § 7,) provides: “All persons, except as hereinafter provided, having the power and faculty to perceive, and make known their perceptions to others, may be witnesses.” Section 9 provides: “The following persons are not competent to testify in any action.or proceeding: First, those who are of unsound mind, or intoxicated, at the time of their production for examination. ” At common law the rule of exclusion, so-far as it related to such persons, was: “All persons who are examined as witnesses must be fully possessed of their understanding, — that is, such an…
2Cases cited1 opinion
- Gilbert v. ThompsonSupreme Court of Minnesota · 1869
3Cited by27 opinions
- Commonwealth v. KoshSupreme Court of Pennsylvania · 1931
- People v. EnrightIllinois Supreme Court · 1912
- Cuesta v. GoldsmithCourt of Appeals of Georgia · 1907
- State v. MoorisonWashington Supreme Court · 1953
- Burns v. StateWisconsin Supreme Court · 1911
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