Miller v. Steele

Citations

• 153 F. 714
• 15 Ohio F. Dec. 603
• 1907 U.S. App. LEXIS 4449

Syllabus

<p>1. Wills — Creditors oe Testator — Action Against Legatee — Form.</p> <p>An action in the federal court against a legatee in his lifetime, in which action only a money judgment without discovery or accounting was asked, was properly brought at law under Rev. St. § 723 [U. S. Comp. St. 1901, p. 583], declaring that suits in equity shall not be sustained in United States courts in any case where a plain, adequate, and complete remedy may be had at law.</p> <p>2. Courts — Federal Courts — Procedure—Eeeect oe State Law — Witnesses —Competency—Transaction with Person Since Deceased.</p> <p>In a suit in the federal court against a legatee on a contract for services rendered testator in hi's lifetime, whether plaintiff was a competent witness should be determined by the federal law, and not by the law of the state where the suit was brought, or the law of the state where the ■ services were performed.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 13, Courts, §§ 925, 984.</p> <p>Competency in federal courts, following state practice, see notes to O’Connell v. Reed, 5 C. C. A. 602, and Bank of California v. Cowan, 21 C. C. A. 278.]</p> <p>3. Witnesses — Competency—Transaction with Decedent — Action Against Legatee — Statutes.</p> <p>Rev. St. § 858 [U. S. Comp. St. 1901, p. 659], declaring that no witness shall be excluded because of interest, except that in actions by or against executors, administrators, or guardians neither party shall be allowed to testify against the other as to any transaction with or statement by testator, intestate, or ward, unless called to testify thereto by the opposite party, did not incapacitate plaintiff to testify in an action against a legatee for services rendered testator.</p> <p>[Ed. Note.- — For cases in point, see Cent. Dig. vol. 50, Witnesses, §§ 653-657.]</p> <p>4. Wills — Debts oe Testator — Action Against Legatee — Contract for Services — Relation oe Parties — Instructions.</p> <p>In a suit against a legatee on testat