Legal Opinion

Holbrooks v. Holbrooks

Supreme Court of Georgia

Decided March 15, 1923No. 3518PublishedCited by 4 opinions

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

  1. Nugent v. WatkinsSupreme Court of Georgia · 1907
  2. Chamblee v. PirkleSupreme Court of Georgia · 1897
  3. Kitchens v. PoolSupreme Court of Georgia · 1916

3Cited by4 opinions

  1. Waters v. WellsSupreme Court of Georgia · 1923
  2. Simmons v. LarryCourt of Appeals of Georgia · 1964
  3. Pertilla v. FarleyCourt of Appeals of Georgia · 1977
  4. Sikes v. SikesSupreme Court of Georgia · 1926

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