In re O'Brien for a Habeas Corpus
Wisconsin Supreme Court
PETITION fox a Writ of Habeas Corpus. Hnsband and wife cannot be witness for or against each other. 3 Wis. 844; 16 id. 235. Supplementary proceedings are a substitute for a creditor’s bill. 7 Wis. 643 ; 11 id. 196. The wife of a defendant in a creditor’s bill cannot be examined as a witness in reference to his property, or any matters charged in the bill. 8 Paige, 583 ; 3 id. 36. The code has not changed the rule. 7 Abb. 3 ; 15 id. 453 ; 25 How.
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PETITION fox a Writ of Habeas Corpus. Hnsband and wife cannot be witness for or against each other. 3 Wis. 844; 16 id. 235. Supplementary proceedings are a substitute for a creditor’s bill. 7 Wis. 643 ; 11 id. 196. The wife of a defendant in a creditor’s bill cannot be examined as a witness in reference to his property, or any matters charged in the bill. 8 Paige, 583 ; 3 id. 36. The code has not changed the rule. 7 Abb. 3 ; 15 id. 453 ; 25 How. Pr. 432 ; 26 Barb. 612; 3 Wis. 844; 16 id. 235. cited 2 Til. & Sh. Pr. 860 ; 17 Abb. 28 ; 19 How. Pr. 86 ; 30 Barb. 506 ; 37 id. 48 ; 15 Wis. 240 ;…
1Opinion of the CourtCole, J.
The petitioner, a married woman, was, by an order made by a court commissioner in proceedings supplemental to an execution, required to appear before such commissioner, and answer concerning property belonging to her husband, the judgment debtor, which property it was alleged was in her possession and under her control. She appeared at the time and place appointed in the order, but, upon being required to be sworn and make answer concerning said property, she absolutely refused to be sworn, or to make any answer in the premises. She was then attached for disobeying the order of the…
2Cited by7 opinions
- Barker v. DaytonWisconsin Supreme Court · 1871
- In re MilburnWisconsin Supreme Court · 1883
- Blabon v. GilchristWisconsin Supreme Court · 1886
- Frankenthal v. SolomonsonWashington Supreme Court · 1899
- Stalcup v. JepsenNebraska Supreme Court · 1929
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