Swasey v. Ames

Supreme Judicial Court of Maine

Swasey v. Ames

10 A. 461, 79 Me. 483, 1887 Me. LEXIS 104

CourtSupreme Judicial Court of Maine

DecidedAugust 2, 1887

StatusPublished

Cited by2 cases

This text of 10 A. 461 (Swasey v. Ames) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Swasey v. Ames, 10 A. 461, 79 Me. 483, 1887 Me. LEXIS 104 (Me. 1887).

Pincite

Opinion

Peters, C. J.

The fact that one of the parties to a suit is the representative of a person deceased, does not preclude the other party from the privilege of being a witness in his own behalf respecting matters that have happened after the death of such deceased person, whether the representative party testifies or not. Formerly the rule was otherwise, the statutory provision having been amended since the decision in Kelton v. Hill, 59 Maine, 260. Laws 1873, ch. 145; R,. S., ch. 82, § 98. The legislature deemed it reasonable to allow the living party to be a witness in relation to matters of which the deceased in his lifetime could have known nothing, and about which some one other than the living party may be supposed to be in a position .to testify.

Exceptions sustained.

Walton, Virgin, Libbey, Foster and Haskell, JJ., concurred.

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Peters, C. J.

The fact that one of the parties to a suit is the representative of a person deceased, does not preclude the other party from the privilege of being a witness in his own behalf respecting matters that have happened after the death of such deceased person, whether the representative party testifies or not. Formerly the rule was otherwise, the statutory provision having been amended since the decision in Kelton v. Hill, 59 Maine, 260. Laws 1873, ch. 145; R,. S., ch. 82, § 98. The legislature deemed it reasonable to allow the living party to be a witness in relation to matters of which the deceased in his lifetime could have known nothing, and about which some one other than the living party may be supposed to be in a position .to testify.

Exceptions sustained.

Walton, Virgin, Libbey, Foster and Haskell, JJ., concurred.

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Bluebook (online)

10 A. 461, 79 Me. 483, 1887 Me. LEXIS 104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swasey-v-ames-me-1887.

Opinion

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