McAlpin v. Ryan
Supreme Court of Georgia
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
- Bishop v. BishopSupreme Court of Georgia · 1905
- Arnold v. ArnoldSupreme Court of Georgia · 1913
- Anderson v. AndersonSupreme Court of Georgia · 1913
- Penton v. HallSupreme Court of Georgia · 1913
- Creech v. OssepSupreme Court of Georgia · 1919
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3Cited by5 opinions
- Reynolds v. ReynoldsSupreme Court of Georgia · 1961
- Wright v. LesterSupreme Court of Georgia · 1962
- Herrington v. SpellCourt of Appeals of Georgia · 1934
- Reynolds v. ReynoldsSupreme Court of Georgia · 1961
- Wright v. LesterSupreme Court of Georgia · 1962