Stuhlmuller v. Ewing
Mississippi Supreme Court
Error to tbe Circuit Court of Madison county. Hon. E. Gr. Henry, judge. In tbe court below tbe widow of Ewing was admitted to testify, as stated in tbe brief of counsel for defendánt in error. Tbe plaintiff objected, and bis objection being overruled, be excepted. Verdict and judgment for defendant, and plaintiff sued out this writ of error.
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Error to tbe Circuit Court of Madison county. Hon. E. Gr. Henry, judge. In tbe court below tbe widow of Ewing was admitted to testify, as stated in tbe brief of counsel for defendánt in error. Tbe plaintiff objected, and bis objection being overruled, be excepted. Verdict and judgment for defendant, and plaintiff sued out this writ of error. Tbe question raised by tbe record is this: .Can tbe wife after ber husband’s death be permitted to testify on behalf of bis estate as to matters which transpired during tbe marriage relation ? — that is, is she competent under tbe provisions of Rev. Code,…
1Opinion of the CourtHarris, J.
The only question for determination here is, whether the wife, after the death of her husband, is competent to testify in favor of his estate against a creditor as to conversations between her husband and such creditor in relation to the contract upon which their dealings were based.
By the common law the incompetency of husband and wife on this subject is placed, first, on their identity of rights and interests, and second, on principles of public policy.
In its spirit and extent the rule is analogous to that which excludes confidential communications made by a client to his attorney, and…
2Cases cited1 opinion
- Dunlap v. HearnMississippi Supreme Court · 1859
3Cited by5 opinions
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1881
- Brown v. PattersonSupreme Court of Missouri · 1909
- Saffold v. HorneMississippi Supreme Court · 1894
- Whitfield v. WhitfieldMississippi Supreme Court · 1870
- Graves v. GravesSupreme Court of Arkansas · 1902