Author: Iowa. Supreme CourtPublisher: Rarebooksclub.com
ISBN: 9781230050959
Category :
Languages : en
Pages : 248
Book Description
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1871 edition. Excerpt: ...of the witnesses.--The State v. Poison. ' 2. Practtce.--That the person who read the testimony to the jury was not sworn to do so correctly, cannot be urged as an objection, where no such objection was raised at the time, and no prejudice is shown.--Id. 8. Conflicting 6'Uid61l68.--A judgment of conviction will not be disturbed on the ground that the verdict is against the evidence, when the testimony is conflicting and nicely balanced.--ld. DEFAULT. Service by publtcatt-m: e: aecut0r's sale.--In the proceeding for the sale of real estate by an executor, wherein the probate court prescribes the same notice as is provided by statute in ordinary cases, a defendant in the proceeding who has been served by publication only, is entitled to avail himself of the provisions of section 3160 of the Revision, and may thereunder have the order of sale, made on default, set aside on motion therefor at any time within two years after the making of such order.-Huston v. Huston. 1. Where adverse party is ezecutor: husband and wife.---The rule of the statute (Rev. 3982) which prohibits a party from testifying where the adverse party is the executor of a deceased person, does not apply to the wile of the claimant, and she is competent, under the statute, to give evidence sustaining his claim against the estate.--Shafer 0. Dean, Adm'r. 2. Opinions of ezperta.--In an action against an administrator for boarding and nursing the decedent, the opinions of persons experienced in taking care of the sick, based upon the evidence which they had heard given in the case, as to the value of the board, nursing, and care rendered to the deceased by the plaintifl', were held competent.--Id. EXECUTIONS. Stay of: on judgment in Supr-me Court. Where...