Supreme Court of Iowa, 1855

Packard v. McCoy

Packard v. McCoy
Supreme Court of Iowa · Decided December 15, 1855 · Wright
1 Iowa 530
Packard v. McCoy

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Opinion of the Court

Wright, C. J.

We think the testimony was clearly admissible. We understand the rule to be now well and uniformly settled, in civil cases, at least, that it is admissible to prove the testimony of deceased witnesses, given in a former action, between the parties ; and this, whether the proof is to be made, either upon appeal or new trial. 1 Grreenleaf Ev. chap. 10; 3 Phil. Ev. Cow. & Hill’s Notes, 322, et seq.; Commonwealth v. Richards, 18 Pick. 434; Warren v. Nichols, 6 Met. 261.

Judgment reversed.

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