Ryle v. Sliz

I respectfully dissent from Division 2 of the majority opinion. I concur with that portion thereof that finds the testimony of plaintiffs former partner regarding whether they should sue the widow to be inadmissible. However, I find no reversible error for two reasons.

One — plaintiffs amended complaint alleged defendant had been stubbornly litigious and prayed for expenses of litigation pursuant to Code Ann. § 20-1404 (Code § 20-1404). The defendant contended that plaintiff was the litigious party and moved for admission of this testimony on that basis. Thus, the objectionable testimony…