Farrell v. Ledwell
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Winnebago County. Trespass to the person. The court refused to receive the testimony of defendant’s wife in his behalf. Judgment for the plaintiff; and the defendant appealed.
1Opinion of the CourtDowner, J.
Did the circuit court err in excluding the wife of the appellant from being a witness on his behalf? The common law excludes the wife from testifying for or against her husband in an action to which he is a party. There are exceptions to this rule, but it is conceded that she, in this case, is not within any of them. If she was erroneously excluded, it was by reason of statutory provisions. Sec. 2, ch. 134, Laws of 1858, provides that “ a party to a civil action or proceeding may be examined as a witness in his or her own behalf on the trial.” This statute gives the right to the wife, in…
2Cases cited3 opinions
- Marsh v. PotterNew York Supreme Court · 1860
- White v. StaffordNew York Supreme Court · 1862
- Hooper v. HooperNew York Supreme Court · 1865
3Cited by6 opinions
- In re Valentine's WillWisconsin Supreme Court · 1896
- Blabon v. GilchristWisconsin Supreme Court · 1886
- Butts v. NewtonWisconsin Supreme Court · 1872
- Smith v. MerrillWisconsin Supreme Court · 1890
- Crawford v. StateWisconsin Supreme Court · 1898
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