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ZIETZ v. TURNER

No. 22120.

452 P.2d 1 (1969)

Harry E. ZIETZ, Plaintiff in Error, v. ESTATE of Charles E. TURNER a/k/a C. E. Turner; Dorothy Brock, individually and Dorothy Brock as Executrix of the Estate of Charles E. Turner a/k/a C. E. Turner, Defendants in Error.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing April 14, 1969.

Attorney(s) appearing for the Case

Joseph A. Myers, H. D. Reed, John A. Kintzele, Denver, for plaintiff in error.

Creamer & Creamer, George Creamer, Denver, for defendants in error.

KELLEY, Justice.

The parties appear here in the same order as in the trial court.

This lawsuit involves the application of the so-called "Dead Man's Statute," C.R.S.1963, 154-1-2(1):

"No party to any civil action, suit or proceeding, or person directly interested in the event thereof, shall be allowed to testify therein, of his own motion, or in his own behalf, by virtue of section 154-1-1, when any adverse party sues or defends

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