Packard v. McCoy

Supreme Court of Iowa

Packard v. McCoy

1 Iowa 530

CourtSupreme Court of Iowa

DecidedDecember 15, 1855

StatusPublished

Cited by2 cases

This text of 1 Iowa 530 (Packard v. McCoy) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Packard v. McCoy, 1 Iowa 530 (iowa 1855).

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Opinion

Wright, C. J.

We think the testimony was clearly admissible. We understand the rule to be now well and uniformly settled, in civil cases, at least, that it is admissible to prove the testimony of deceased witnesses, given in a former action, between the parties ; and this, whether the proof is to be made, either upon appeal or new trial. 1 Grreenleaf Ev. chap. 10; 3 Phil. Ev. Cow. & Hill’s Notes, 322, et seq.; Commonwealth v. Richards, 18 Pick. 434; Warren v. Nichols, 6 Met. 261.

Judgment reversed.

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Wright, C. J.

We think the testimony was clearly admissible. We understand the rule to be now well and uniformly settled, in civil cases, at least, that it is admissible to prove the testimony of deceased witnesses, given in a former action, between the parties ; and this, whether the proof is to be made, either upon appeal or new trial. 1 Grreenleaf Ev. chap. 10; 3 Phil. Ev. Cow. & Hill’s Notes, 322, et seq.; Commonwealth v. Richards, 18 Pick. 434; Warren v. Nichols, 6 Met. 261.

Judgment reversed.

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Bluebook (online)

1 Iowa 530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/packard-v-mccoy-iowa-1855.

Opinion

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