Mitchell v. Deane

The writ of error was granted

herein to the judgment of the Court of 'Civil Appeals for the Eighth District, wherein the judgment of the trial court was affirmed. 294 S. W. 347. The ease is a will contest, and the sole question presented is whether or not the witness Pauline Mitchell, wife of the son of the deceased, was a competent witness under the statute to testify as to transactions with the deceased.

*718The witness’ fiusband was a party to the proceeding, but she was neither a necessary or proper party nor was she an actual party. Article 3716, Revised Oivil Statutes, provides:

“In. actions…