Holbrooks v. Holbrooks
Supreme Court of Georgia
1Opinion of the CourtGilbert, J.
1. “ Ordinarily, in a suit instituted or defended by a husband for or against a deceased person, it is competent for the wife to testify in regard to transactions between the husband and the deceased. Mere personal interest, such as that entertained by a near relative, does not disqualify a witness.” Kitchens v. Poole, 146 Ga. 229 (5) (91 S. E. 81). It does not appear that the wife, who was introduced as a witness, had any pecuniary interest in the result of the suit; therefore she was not an incompetent witness.
2. The death of one of the parties to a litigation does not render the other…
2Cases cited3 opinions
- Nugent v. WatkinsSupreme Court of Georgia · 1907
- Chamblee v. PirkleSupreme Court of Georgia · 1897
- Kitchens v. PoolSupreme Court of Georgia · 1916
3Cited by4 opinions
- Waters v. WellsSupreme Court of Georgia · 1923
- Simmons v. LarryCourt of Appeals of Georgia · 1964
- Pertilla v. FarleyCourt of Appeals of Georgia · 1977
- Sikes v. SikesSupreme Court of Georgia · 1926