85 Iowa 685 | Iowa | 1892
I. The question discussed is, whether the court erred in suppressing the deposition of Eugene 1. Witnesses: competency: transactions with decedents: parties to action. Slocum. Section 3639 of the Code, so far as applicable, is as follows: “No party any action or proceeding, nor any per-g0n interested in the event thereof * * * shall be examined as a witness in regard to any personal transaction or communication between such witness and a person, at the commencement of such examination, deceased, * * * against the executor, administrator,* * * of such deceased person.” Mr. Slocum was examined as to the agreement of partnership between himself, the deceased, and Julius Jarvis, —clearly a.personal transaction between the witness
II. We next inquire whether the witness, Slocum, had any interest in the event of this suit. That he was
The appellant’s contention is that the question whether the witness is interested or not must be determined by the rule of the common law, and he cites Goddard v. Leffingwell, 40 Iowa, 250, where, in speaking of said section 3639, it is said: “But this evidently means such an interest in the event as would at the common law disqualify a witness.” In that case it was held that the “witness, Carter, is equally interested on both sides,” or, in other words, that he was not interested in the event of the suit, as he was liable for the three hundred dollars in controversy in either event. The question whether the common-law rule applies
The appellant cites and relies upon Grreenleaf on Evidence, section 486, which is as follows: “In an action against the administrators of a deceased partner, the surviving partner is a competent witness to prove the partnership; for he has no interest in the matter, such an action not being maintainable at law.” The defendant cites Grant v. Shurtel, 1 Wend. 148. That was an action against Shurtel, as administrator of B. Alliger, to recover for labor and material furnished under contract with deceased. The defendant offered E. Alliger as a witness, who stated that he was a
We are of the opinion that Mr. Slocum is interested in the event of this action, within the intent and meaning of section 3.639, and that the motion to suppress his deposition was properly sustained. Aeeikmed.