White v. Stafford
New York Supreme Court
APPEAL from a judgment entered on a verdict. The action was brought for board, care and attendance of the defendant’s father, alleged to have been furnished on the express promise of the defendant to pay therefor. On the trial the plaintiff called his wife as a witness on his behalf, to prove such board &c. and the alleged promise. The defendant objected to her as a witness, on the ground that she was the plaintiff’s wife.
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APPEAL from a judgment entered on a verdict. The action was brought for board, care and attendance of the defendant’s father, alleged to have been furnished on the express promise of the defendant to pay therefor. On the trial the plaintiff called his wife as a witness on his behalf, to prove such board &c. and the alleged promise. The defendant objected to her as a witness, on the ground that she was the plaintiff’s wife. The court overruled the objection and admitted her; to which the defendant duly excepted.
1Opinion of the Court
By the Court, Davis, J.
The only question in this case is as to the admissibility of the plaintiff’s wife as a witness on his behalf. That husband and wife are not admissible as witnesses for or against each other (except in certain cases not necessary now to be referred to) is an elementary rule of the common law. “ The husband and wife,” says Chancellor Kent, “ cannot be witnesses for or against, each other. This is a settled principle of law and equity, and it is founded as well on the interest of the parties being the same, as on public policy. The foundations of society would be shaken,…
2Cited by5 opinions
- Frankenthal v. SolomonsonWashington Supreme Court · 1899
- Farrell v. LedwellWisconsin Supreme Court · 1866
- In re JonesDistrict Court, W.D. Wisconsin · 1874
- Hall v. Hall, New York County Courts1865
- Hicks v. BradnerNew York Court of Appeals · 1868