Berlin ex rel. Berlin v. Berlin
Supreme Court of Missouri
Jlppeal from Si. Louis Circuit Oourt. The testimony of the wife and that of the husband are inadmissible in this case. The removal of a wife’s disqualifications to be a witness by our statute on the ground of her interest in the event of the suit, does not remove her disability as a witness against her husband on the ground of public policy. {Johnson vs. Quarles, 46 Mo., 429; Hardy vs. Matthews, 42 Mo., 406 ; Dwelly vs. Dwelly, 46 Maine, 378 ; Mary J. Hosbronck vs.…
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Jlppeal from Si. Louis Circuit Oourt. The testimony of the wife and that of the husband are inadmissible in this case. The removal of a wife’s disqualifications to be a witness by our statute on the ground of her interest in the event of the suit, does not remove her disability as a witness against her husband on the ground of public policy. {Johnson vs. Quarles, 46 Mo., 429; Hardy vs. Matthews, 42 Mo., 406 ; Dwelly vs. Dwelly, 46 Maine, 378 ; Mary J. Hosbronck vs. Yandervoort, 4 Sandford, 596; 5 Selden, 153; Bird vs. Hueston, 10 Ohio, St., 418; 5 Barb., 156 ; Erwin vs. Smaller,-2 Sandford,…
1Opinion of the Court
Sherwood, Judge,
delivered-the opinion of the court.
This was a proceeding instituted in the St. Louis Circuit Court on the part of Ann Berlin by her next friend David M. Berlin, against David Berlin for support and maintenance under § 1, Chapter 94, Wagner Statutes.
At the trial Ann Berlin was introduced on the part of plaintiff as a witness, and was objected to as such on the ground that, being the wife of defendant, she was incompetent to testify against him. This objection was- overruled, the witness permitted to testify and defendant excepted. . It was then at tempted on the part of…
2Cases cited2 opinions
- Moore v. MooreSupreme Court of Missouri · 1872
- Buck v. AshbrookSupreme Court of Missouri · 1873
3Cited by12 opinions
- Darrier v. DarrierSupreme Court of Missouri · 1874
- Brooks v. BrooksSupreme Court of Missouri · 1948
- Oliver v. OliverMissouri Court of Appeals · 1959
- Stebbins v. AnthonySupreme Court of Colorado · 1880
- Gruner v. GrunerMissouri Court of Appeals · 1914
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