Burton v. . Styers

The determinative question presented by the appeal in these cases involves the competency of the testimony of Mrs. Burton in behalf of and in support of her husband’s suit, and of the testimony of Mr. Burton in behalf of and in support of his wife’s suit, against the administratrix of a deceased person. Was this testimony rendered incompetent by C. S., 1795? This statute, since its enactment as a part of the Code of Civil Procedure of 1868, has been frequently considered by this Court and discriminating distinctions drawn as to its application to varying facts. It provides, in effect, that…