Magness v. Walker
Supreme Court of Arkansas
Appeal from Independence Circuit Court. Hon. Elisha Bastee, Circuit Judge. We submit: 1. That whore the wife is the agent of the husband, acting in his absence, then from the necessity of the case, the wife is competent. . lown v. Lamp shire, 87 Vt. 52. Littlefield v. Hice, 10 Mete. 887; Stanton v. Lap, 378; 1 Gr.
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Appeal from Independence Circuit Court. Hon. Elisha Bastee, Circuit Judge. We submit: 1. That whore the wife is the agent of the husband, acting in his absence, then from the necessity of the case, the wife is competent. . lown v. Lamp shire, 87 Vt. 52. Littlefield v. Hice, 10 Mete. 887; Stanton v. Lap, 378; 1 Gr. ISv. sec. 834, n. 1; Owen v. McCaioley, 36 Barb. 55; and our Constitution removes all incompetency on account of the witness being either a party to the record or a party in interest. Art. 7, sec. 88. 2. That wherever the husband is made competent, there the wife becomes competent…
1Opinion of the CourtGeegs, J.
The appellant brought suit for two hundred dollars, for rents; a trial was liad before a justice of the peace, and he recovered .$150. Walicer appealed to the circuit court, where a trial was had de novo, and he recovered judgment for $6, against Magness, upon his set off, which had been filed in the court below; from which judgment Magness appealed to this court.
During the progress of this trial, various exceptions were taken to the rulings of the court, all of which were properly preserved and are presented to this court.
The only question not heretofore sufficiently settled by this eourt,…
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