Jackson v. Cole

This suit was brought to recover the amount of a claim assigned by William Jackson in his life-time to the plaintiff, who was his wife.

The plaintiff, a witness in her own behalf, was asked if her husband had transferred this claim to her. To this question the defendant's counsel objected as incompetent under How. Stat. § 7545; and the court sustained the objection. The court was in error. This was not a matter which must have been equally within the knowledge of both the deceased and the living party. The statute precludes the living party from testifying at all to mat" ters which if true…