Berry v. Janeway

206 Okla. 555 (1952)

245 P.2d 71

BERRY et al.

v.

JANEWAY.

No. 34308.

Supreme Court of Oklahoma.

June 3, 1952.

Ames, Ames & Daugherty and Dudley, Duvall & Dudley, Oklahoma City, for plaintiffs in error.

Rex H. Holden, Oklahoma City, for defendant in error.

This case turns upon the correct interpretation of the "Dead Man's Statute," Title 12 O.S. 1951 § 384 as follows:

"No party to a civil action shall be allowed to testify in his own behalf, in respect to any transaction or communication had personally by such party with a deceased person, when the adverse party is the executor, administrator, heir at…