Berry v. Janeway

HALLEY, V.C.J.

(dissenting). In my opinion, §384, Title 12 O.S. 1951 is not clear in itself, but this court construed it in Doyle v. Doyle, 184 Okla. 572, 89 P. 2d 305, and held that makers of a note could not testify regarding alleged conversations the makers had with the payee, then deceased. The facts in that case are on all fours with those in this case. The Doyle decision was rendered in April, 1939. Six sessions of the Legislature have passed since that decision, and no effort has been made to change the statute. It is not an unreasonable construction, and I think it should stand.

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