Halyburton v. . Dobson

The C.C.P. sec. 343, provides, that a party to an action may be a witness in his own behalf, "Provided, that no party, etc., shall be examined in regard to any transaction or communication, between himself and a person, who, at the time of the examination is dead."

The reason for the exception is apparent. There could never be a recovery against an unscrupulous party, if he were permitted to testify where it would be impossible to contradict him. The statute ought to be construed in view of this mischief.

His Honor held, properly, that the defendant could not testify as to what passed between…