Witte v. Koeppen

Citations

• 11 S.D. 598
• 79 N.W. 831
• 1899 S.D. LEXIS 44

Syllabus

<p>1. Comp. Lftws, § 5260, provides that no person shall be excluded as a witness, except (subdivision 2) that, in actions by or against executors, etc., neither party shall be allowed to testify against the other as to any transaction with, or statement of, deceased, etc. Held, that the word “party” is used technically, and it does not disqualify a witness that he is interested in the result.</p> <p>2. A verdict on conflicting evidence will not be disturbed on appeal.</p>