Cadwalader v. Pyle

Citations

• 95 Kan. 337
• 148 P. 655
• 1915 Kan. LEXIS 216

Syllabus

<p>syllabus by the court.</p> <p>1. Change of Place of Residence — Mental Capacity to Make. Evidence that a person suffering from disease which affected his mind took such part in conversations at different times as to indicate that he had a reasonably clear idea of his condition, surroundings and purposes, is sufficient to support a finding that he had capacity to make a change of residence, notwithstanding the testimony of physicians that he was entirely incapable of transacting business and did not know the effect of his acts.</p> <p>2. Witnesses — Transactions with Person Since Deceased. If the present statute providing that in certain cases “no person shall be allowed to testify in his own behalf in respect to any transaction or communication had ‘personally by such party with a deceased person,” ever applies to witnesses who are not parties, its disqualification does not extend to one who is interested in the result of the action only by virtue of being the husband or wife of a defendant against whom a personal judgment is sought.</p>