Smith v. Johnson
Supreme Court of Iowa
Appeal from Benton Circuit Court. The plaintiff filed a claim against tbe estate of which defendants are the administrators, for work and labor performed for the intestate in his lifetime. The administrators refusing to allow any part of the claim, an issue was joined thereon and the cause was tried to the court without a jury. A judgment was rendered for plaintiff upon a finding of facts by the court. Defendants appeal.
1Opinion of the CourtBeck, J.
i. evidence: tor: services, I. There is no proof that the services for which plaintiff claims to recover were rendered under an éxpress contract. Upon the trial of the cause the plaintiff was permitted to testify in his own behalf, against defendant’s objection, to the facts that he performed labor for *309the decedent, the time lie was engaged in such service, the kind of labor done by him, his ability to perform a man’s work, and that he had received no compensation for his labor. This evidence was inadmissible under Code, Sec. 3639. "We have so held in Peck v. McKean, p. 19, ante. It is even…
2Cases cited9 opinions
- Scully v. Scully'sSupreme Court of Iowa · 1870
- Hall v. FinchWisconsin Supreme Court · 1871
- Andrus v. FosterSupreme Court of Vermont · 1845
- Morris v. BarnesSupreme Court of Missouri · 1865
- Swires v. ParsonsSupreme Court of Pennsylvania · 1843
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Maasdam v. Estate of MaasdamSupreme Court of Iowa · 1946
- Heffron v. BrownIllinois Supreme Court · 1895
- James v. GillenIndiana Court of Appeals · 1892
- Sheldon v. ThornburgSupreme Court of Iowa · 1912
- Donovan v. DriscollSupreme Court of Iowa · 1902
11 more not listed; retrieve them via the Exa API.