Legal Opinion

McAlpin v. Ryan

Supreme Court of Georgia

Decided December 16, 1920No. 1935PublishedCited by 5 opinions

Petition for prohibition. Before Judge Mcldrim. Chatham superior court. February 13, 1920.

1Opinion of the CourtAtkinson, J.

1. The Civil Code, § 5801, makes parties wholly incompetent to testify, only when adultery is the sole basis of a suit, action, or proceeding. AAHiere a husband instituted an action for damages ' in two counts, the first based on alleged alienation of the affections of his wife and the second on alleged criminal conversation with his wife, the defendant is a competent witness as to the -matters alleged in the first count and compellable to testify concerning any matters involved therein, except such as he may be excused from testifying about under the Civil Code, § 4554, which provides: “ No…

2Cases cited8 opinions

  1. Bishop v. BishopSupreme Court of Georgia · 1905
  2. Arnold v. ArnoldSupreme Court of Georgia · 1913
  3. Anderson v. AndersonSupreme Court of Georgia · 1913
  4. Penton v. HallSupreme Court of Georgia · 1913
  5. Creech v. OssepSupreme Court of Georgia · 1919

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Reynolds v. ReynoldsSupreme Court of Georgia · 1961
  2. Wright v. LesterSupreme Court of Georgia · 1962
  3. Herrington v. SpellCourt of Appeals of Georgia · 1934
  4. Reynolds v. ReynoldsSupreme Court of Georgia · 1961
  5. Wright v. LesterSupreme Court of Georgia · 1962

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