Anonymous
Mississippi Supreme Court
Appeal from the Chancery Court of Clay County. Hon. L. Brame, Chancellor. The case is stated in the opinion of the court. 1. There is no question about the wife’s incompetency to testify against her husband in any civil suit. This was so at common law, and the rule has not been changed by our statute. “ Husband and wife may be introduced by each other as witnesses in all civil cases.” Code 1871,- sect. 760. But they cannot be introduced against each other.
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Appeal from the Chancery Court of Clay County. Hon. L. Brame, Chancellor. The case is stated in the opinion of the court. 1. There is no question about the wife’s incompetency to testify against her husband in any civil suit. This was so at common law, and the rule has not been changed by our statute. “ Husband and wife may be introduced by each other as witnesses in all civil cases.” Code 1871,- sect. 760. But they cannot be introduced against each other. In any suit in chancery other than for divorce, the wife is incompetent as a witness against her husband. And sect. 1773 of the Code of…
1Opinion of the Court · GeorgeGeorge, J.
The appellee filed her bill in the Chancery Court against the appellant, seeking a divorce a vinculo, upon the “ ground of habitual, cruel, and inhuman treatment, marked by personal violence,” and also seeking the custody of the child, the only fruit of their marriage. The chancellor decided in accordance with the prayer of the bill.
The deposition of the wife was taken at great length, in which she detailed many acts of rudeness and impropriety on the part of the husband, and also testified to three distinct acts of violence to her person. The appellant objected to the whole deposition as…
Also in this document: Opinion of the Court · George.
2Cases cited6 opinions
- People ex rel. Barry v. MerceinNew York Court of Chancery · 1839
- Felt v. FeltWisconsin Supreme Court · 1865
- Byrd v. StateMississippi Supreme Court · 1879
- Dwelly v. DwellySupreme Judicial Court of Maine · 1859
- Lockhart v. LukerMississippi Supreme Court · 1858
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