40 Iowa 249 | Iowa | 1875
I. Upon the trial tbe pfiaintiff introduced, as a witness, one E. Carter, who testified that lie was a member of
Under our statute, a person interested in the event of an action wherein an administrator is a part}, is not competent to testify in regard to transactions or communications between him and tbe deceased. Code, Sec. 3639. But this evidently means such an interest in the event as would, at the common law, disqualify a witness. Where a witness is equally interested on both sides, such interest will not disqualify. 1 Green], on Ev., §420; Kingsbury v. Buchanan, 11 Iowa, 387. In this case the witness, Garter, is equally interested on both sides — if the $300 taken belonged to tbe decedent, the witness must account for it to the estate; if to plaintiff, then lie must account to him.
II. The plaintiff was introduced as a witness, and testified as to the contents of the package which was in the safe and spoken of by the witness, Garter. lie was then asked, “ what did yon do with that money? ” Upon defendant’s objection, tbe court ruled “ that the witness may answer the question if he can do so without stating a communication or transaction with the decedent in relation to said package.” The witness stated that he could not answer it without doing so, and the question was not answered. Several other like questions were put to tbe witness with tbe same result. The defendant now
III. An affidavit of newly discovered evidence was filed, and thereon and for other causes a new trial was asked. The
AFFIRMED.