Myers v. Phillips

Grice, Justice.

The rule in this State is that a party to a suit is not rendered incompetent to give testimony therein unless such party falls within some exception in the Code, § 38-1603. It is claimed by the defendant in error that the proffered testimony of Mrs. Myers, the plaintiff in error, was properly excluded under subsection 1 of the cited section, which reads as follows: “Where any suit shall be instituted or defended by a person insane at the time of trial, or by an indorsee, assignee, or transferee, or the personal representative of a deceased person, the opposite party shall not…