In re Jones

HOPKINS, District Judge.

At the hearing, the creditor, Mrs. Jones, offered her husband, David W. Jones, as a witness in her favor. He was objected to by the counsel for the assignee as incompetent,-and the court sustained the objection, following the construction given by the supreme court of this state to the statute relating to evidence. Farrell v. Ledwell, 21 Wis. 182.

The court there hold that the exclusion of husband .and wife as witnesses for each other in civil suits, is not based solely on interest, but rests upon principles of public policy, and as the statute only removes the ground…