Dwelly v. Dwelly
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Goodenow, J., presiding. This was a libel for divorce. The libellant was offered as a witness in the case, and was objected to by the libellee, but was permitted, by the presiding Judge, to testify. There was a motion filed by the libellant to dismiss the exceptions, because the libellee had not complied with the order of the Court, at Nisi Prius, to pay the libellant the sum of twenty-five dollars, to enable her to prosecute her exceptions.
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On Exceptions from Nisi Prius, Goodenow, J., presiding. This was a libel for divorce. The libellant was offered as a witness in the case, and was objected to by the libellee, but was permitted, by the presiding Judge, to testify. There was a motion filed by the libellant to dismiss the exceptions, because the libellee had not complied with the order of the Court, at Nisi Prius, to pay the libellant the sum of twenty-five dollars, to enable her to prosecute her exceptions. That the language of the statute of 1857, c. 2, § 78, was sufficiently broad to embrace cases of divorce.
1Opinion of the Court
The opinion of the Court was drawn by
May, J.
The personal right which every one has to be a witness has been held to be subject to many limitations and restrictions, by the common law. The grounds upon which this right has been abridged or denied are various. Incompetency to testify, as declared in the judgment of the Courts, has arisen from numerous causes. At common law, this incompetency still exists, except in cases where it has been modified or annulled by the provisions of some statute. Among the causes creating such incompetency, we mention only such as are embraced in an interest,…
2Cited by14 opinions
- Cain v. MillerNebraska Supreme Court · 1922
- School Town of Andrews v. HeineyIndiana Supreme Court · 1912
- State v. BennerSupreme Judicial Court of Maine · 1971
- Trough v. TroughWest Virginia Supreme Court · 1906
- Wolfe v. WolfeWest Virginia Supreme Court · 1938
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