Court of Appeals for the Ninth Circuit February 3, 1902, No. 709 (Corbus v. Leonhardt)

HAWLEY, District Judge

(after stating the facts as above).

1. The objections presented by the first assignment of error are based upon the ground that the testimony of Dr. Leonhardt comes within the provisions of section 858, Rev. St. (28 U.S.C.A. 631 note), and that by this section he was not a competent witness to any transactions and conversations between himself and defendant’s intestate.