Reeves v. Herr
Illinois Supreme Court
Appeal from the Circuit Court of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. This was an action of assumpsit, brought by Martin Herr, as executor of Adam Herr, deceased, against William Reeves, Jr. The declaration contained the usual common counts for goods, wares, etc., sold to Adam Herr, in his lifetime. To this declaration the defendant filed two pleas. First, general issue, and second, the plea of the statute of limitations.
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Appeal from the Circuit Court of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. This was an action of assumpsit, brought by Martin Herr, as executor of Adam Herr, deceased, against William Reeves, Jr. The declaration contained the usual common counts for goods, wares, etc., sold to Adam Herr, in his lifetime. To this declaration the defendant filed two pleas. First, general issue, and second, the plea of the statute of limitations. The replication asserts that the cause of action accrued within five years. Upon a trial by the court, a jury being waived, judgment was rendered…
1Opinion of the CourtJustice Sheldon
The principal question in this case is, whether the testimony of Catharine Herr, the widow of Adam Herr, was rightly admitted.
It is a well settled general rule, that a husband and wife, while that relation exists, can not testify for or against each other. And it is no doubt fully established by the authorities, that even after the dissolution of the marriage contract, the husband and wife' are not, in general, admissible to testify against each other, as to any matters which occurred during the existence of that relation. Monroe v. Twisleton, Peak’s Add. Ca. 319; Doker v. Hasler, Ry. & Mo.…
2Cases cited2 opinions
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- Schreffler v. ChaseIllinois Supreme Court · 1910
- Wilkes' Administrator v. WilkesSupreme Court of Virginia · 1914
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