Graham v. King
Court of Appeals of Kentucky
Case 52 — PETITION EQUITY — APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. 1. A husband is never a competent witness for the wife where she has testified. (Greanleaf on Evidence, vol. 1, secs. 340 and 341; Civil Code, secs. 605 and 606 ; Booth v. YanArsdale, 9 Bush, 719 ; Wise v. Eoot, 81 Ky, 13; Howard v. Tenny, 87 Ky., 52; Covington v. Gaylor, 14 Ky. Law Kep., 146; Tabor v. Hardin, 9 Ky. Law Kep., 491; Schouler on Domestic Relations, sec. 53; Commonwealth v. Sapp, 12 Ky.
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Case 52 — PETITION EQUITY — APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. 1. A husband is never a competent witness for the wife where she has testified. (Greanleaf on Evidence, vol. 1, secs. 340 and 341; Civil Code, secs. 605 and 606 ; Booth v. YanArsdale, 9 Bush, 719 ; Wise v. Eoot, 81 Ky, 13; Howard v. Tenny, 87 Ky., 52; Covington v. Gaylor, 14 Ky. Law Kep., 146; Tabor v. Hardin, 9 Ky. Law Kep., 491; Schouler on Domestic Relations, sec. 53; Commonwealth v. Sapp, 12 Ky. Law Rep., 484.) 2. Where confidential relations exist, and the person possessing the confidence of the other receives a…
1Opinion of the Court
■JUDGE HAZELRIGG
delivered the opinion or the court.
The appellants, Robert A. and M. E. Graham, husband and wife, lived in Mobile, Alabama, until in November, 1890. They had two daughters, Birdie H. and Ella May, the former of whom, in October of that year, married her co-appellee, Edward F. King, whose former home was in Louisville, Kentucky, but who was then living in Mobile. The young people came at once to Louisville and stopped with King’s mother. In some' ten days, in pursuance of an arrangement to that effect, Mrs. Graham followed with her younger daughter, on a visit, and perhaps to…
2Cited by8 opinions
- Moore v. TerryCourt of Appeals of Kentucky (pre-1976) · 1943
- Foushee v. FousheeCourt of Appeals of Kentucky · 1915
- Hoge v. Ky. River Coal CorporationCourt of Appeals of Kentucky (pre-1976) · 1926
- Clark v. FrazierSupreme Court of Oklahoma · 1918
- Schrader v. SchraderIllinois Supreme Court · 1921
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