McCaughan v. Hardy
Mississippi Supreme Court
McCaughan v. Hardy, 78 Miss. 598 (Miss. 1900)
Calhoon
McCaughan v. Hardy
Opinion of the Court
delivered the opinion of the court. We cannot hold that there was error in suppressing the depositions. If it were an original proposition, we might or might not do so, but we feel bound by the cases of Duncan v. Gerdine, 59 Miss., 550, and Wetherbee v. Root, 72 Miss., 355. We cannot reverse the chancellor on the facts.
Affirmed.
Reference
- Full Case Name
- William McCaughan v. William H. Hardy
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Witnesses. Estate of decedent. Code 1893, $ 1740. Depositions. A person cannot testify, by deposition or otherwise, to establish his own claim or defense against the estate of a deceased person which originated during the lifetime of such deceased person (code 1893, $ 1740), and it is immaterial that the decedent conducted the transaction out of which the claim arises by an agent who is yet alive and has testified in the case.