Rosenwasser v. Rosenwasser

Section 831 of the Code of Civil Procedure which provides that: “ A husband or wife is not competent to testify against the other upon the trial of an action, or the hearing upon the merits of a special proceeding founded upon an allegation of adultery, except to prove the marriage, or disprove the allegation of adultery,” has been strictly construed by some courts. It has been held under this that the plaintiff could not testify to the fact of her residence in order to establish jurisdiction. Dickinson v. Dickinson, 63 Hun, 516. And it has been intimated, though not held, that a wife could…