Miller v. First National Bank

I agree with the majority that the order granting the new trial should be sustained; but I do not agree with the interpretation of subdivision 2 of § 7871 of the Compiled Laws as given by the majority in its application to the facts in this case. .

The statute say's:

“In civil action ... by or against . . . administrators . . . in wbicb judgment may be rendered or ordered entered 'for or against them, neither party shall be allowed to testify against the other as to any transaction whatever with or statement by . . . intestate, unless called to testify thereto by the opposite party; and where a…