Hooper v. Hooper

By the Court,

Brown, J.

This is an action tried before Mr. Justice Lott, for an assault and battery committed by the defendant Ellen Hooper upon the plaintiff. In the progress of the trial the defendants offered Ellen, the defendant, as a witness in her own behalf. She was objected to as incompetent, by the counsel for the plaintiff. The court *293sustained, the objection and excluded the witness, and the defendants excepted. The plaintiff obtained a verdict for $1250, and the judge ordered the exceptions to be first heard at the general term. Other exceptions were taken by the defendants’ counsel…