Todd v. Martin

Citations

• 4 Cal. Unrep. 805
• 37 P. 872

Syllabus

<p>Appeal—Conflicting Evidence.—A Verdict Rendered on conflicting evidence will not be disturbed.</p> <p>Estate of Decedent—Services of Nurse.—Evidence Showing that services were rendered by one as nurse to deceased is sufficient to charge the estate therefor, without proof of an express request by deceased.</p> <p>Estate of Decedent—Services as Charge.—Where plaintiff, after the death of deceased, continued/ in his former work of taking care of the latter’s stables and stock without any authority from tee administratrix, such services form a charge of necessity on the estate.1</p> <p>Estate of Decedent.—Expenses Incurred by the Widow Before she was appointed administratrix, and not apparently for the benefit of the estate, are not chargeable against it. '</p> <p>Witnesses—Claim Against Decedent.—Code of Civil Procedure, section 1880, disqualifies parties or assignors of parties to an action against an executor or administrator, or persons in whose behalf such action is prosecuted on a claim against the estate of the deceased, from testifying as to facts occurring before the death of the deceased. Held, that the disqualification applies only to those parties who assert claims against the estate.</p> <p>Administrator—Action Against—Witnesses.—Code of Civil Procedure, seetion 2049, provides that the party producing a witness shall not impeach his credit by evidence of bad character, but may contradict him by other evidence, and show former inconsistent statements. Held, that the plaintiff in an action against an administratrix, having called her to testify in his behalf, is not necessarily bound by her answer.</p> <p>Administrator—Action Against—Witnesses.—In g.n Action Against an administratrix for services as nurse to deceased, one who served in the same capacity alternately with plaintiff may testify as to the nature and amount of the services.</p>