Robertson v. Mowell

We do not agree with the learned Judge of the Court below in holding that Mrs. Hawkins is not a competent *532witness in this case, and in our opinion she is competent, whether she be regarded as a nominal or a necessary party to the suit. The Evidence Act has removed all disqualification founded upon interest, and mada the parties litigant cojnpetent and compellable to give evidence in all save a few well defined cases. One of these exceptions is that “ when an original party to a contract or cause of action is dead, or shown to he lunatic or insane, or when an executor or administrator is a…