McBride v. Kirkpatrick

Citations

• 207 F. 893
• 1913 U.S. Dist. LEXIS 1367

Syllabus

<p>Courts (§ 349*)—Federal Courts—Rums of Decision—Construction of State Statute.</p> <p>In determining the meaning or construction to be given to the words “personal transaction” and “communication,” as used in Code W. Va. 1906, § 3945, prohibiting a witness to testify as to personal transactions or communications between herself and a person since deceased, the federal courts will be governed by the decisions of the Supreme Court of Appeals of the state.</p> <p>[Ed. Note.—For other cases, see Courts, Cent. Dig. § 925; Dec. Dig. § 349.*]</p> <p>2. Witnesses (§ 159*)—Transaction with Person Since Deceased—“Personal Transactions”—“Communications.”</p> <p>The words “personal transactions” and “communications,” used in Code W. Va. 1906, c. 130, § 23 (section 3945), prohibiting a party from testifying to personal transactions or communications with a person since deceased, should be given a broad and liberal construction, to exclude all evidence of work or labor performed or acts done by the party interested, or party to the suit, which would create or tend to create a liability against the estate or interests of such deceased person, etc.</p> <p>[Ed. Note.—For other cases, see Witnesses, Cent. Dig. §§ 629, 664, 666-669, 671-682; Dec. Dig. § 159.*</p> <p>For other definitions, see Words and Phrases, vol. 6, pp. 5365, 5366; vol. 2, p. 1342.]</p> <p>3. Evidence (§ 138*)—Relevancy.</p> <p>Where, in a suit by. an executrix against a tenant for years of a limited portion of testator’s farm for an accounting, the tenant claimed certain animals and personal property on the farm as having been purchased for herself, evidence showing her payment for other animals during her 12 years’ occupancy of the farm, which animals were long since dead or consumed, was irrelevant.</p> <p>[Ed. Note.-—For other cases, see Evidence, Cent. Dig. §§ 414, 414%; Dec. Dig. § 138.*]</p> <p>4. Witnesses (§ 159*)—Competency—Transaction with Person Since Deceased.</p> <p>Where, in a suit by an executrix