Adams v. Allen
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ooliombia County. The case, so far as passed upon by the court, is thus stated in the opinion of Cole, L, as originally prepared: “ The plaintiffs in this case sue as -administrators, with the will annexed, of Nehemiah Allen, deceased.
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APPEAL from the Circuit Court for Ooliombia County. The case, so far as passed upon by the court, is thus stated in the opinion of Cole, L, as originally prepared: “ The plaintiffs in this case sue as -administrators, with the will annexed, of Nehemiah Allen, deceased. It is alleged in the complaint, in substance, that the testator, at the time of his death, was the owner and'entitled to the possession of two promissory notes (which are described), paj^able to him or bearer, and that the defendants wrongfully obtained possession of these notes, and converted them to their use. On the tidal,…
1Opinion of the CourtCole, J.
Without regard to the other errors assigned, we think the judgment must be reversed because the court refused to allow the question to the witness Allen to be answered. It is certainly clear that it was competent for the witness to state the facts and circumstances under which he *95obtained possession of tbe notes, unless he obtained tbem directly from tbe deceased. Stewart v. Stewart, 41 Wis., 624; Page v. Panaher, 43 id., 221. The question did not necessarily relate to any transaction which the witness had had with his father, and the court surely could not know in advance that any valid…
2Cases cited1 opinion
- Stewart v. StewartWisconsin Supreme Court · 1877
3Cited by2 opinions
- Belden v. ScottWisconsin Supreme Court · 1886
- Alexander v. RansomSouth Dakota Supreme Court · 1902