Hodge v. City of Buffalo
Superior Court of Buffalo
This was an action of ejectment for dower, brought by Eugenia M. Hodge against the city of Buffalo. On the trial the plaintiff was a witness for herself, and the only witness called.
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This was an action of ejectment for dower, brought by Eugenia M. Hodge against the city of Buffalo. On the trial the plaintiff was a witness for herself, and the only witness called. She testified that she is the widow of Philander Hodge; that she married him September 15, 1834; that he died October 22,1866, and that, to the best of her knowledge, information and belief, she was born August 18, 1817. Being shown a Bible, which by the imprint on its title-page appeared to have been published in the year 1823 ; she testified that it was her father’s family Bible; that she knew his handwriting,…
1Opinion of the Court
By the Court.*—Smith, J.
There was no other evidence given or offered on the trial to establish the plaintiff’s infancy than her own testimony. The record in the family Bible was read; but there was no evidence that it was the family Bible, or to authenticate the entries read, except her testimony. There was no other proof to make the book or the entries therein admissible as evidence. The whole case, then, rests upon her unsupported and uncorroborated testimony.
•-Previous to the Code, the plaintiff’s interest in the event of the suit, even if she were not a party, would have absolutely…
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