Blood v. Fairbanks
California Supreme Court
Appeal from the District Court, First Judicial District, County of Santa Barbara. The principal facts in this case are stated in the report on the former appeal (48 Cal. 171). On the second trial, Hewitt was called as a witness by the plaintiff. The counsel for the executrix objected, upon the ground that he was incompetent under the third subdivision of section 1880 of the Code of Civil Procedure. The court overruled the objection, and Hewitt was examined.
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Appeal from the District Court, First Judicial District, County of Santa Barbara. The principal facts in this case are stated in the report on the former appeal (48 Cal. 171). On the second trial, Hewitt was called as a witness by the plaintiff. The counsel for the executrix objected, upon the ground that he was incompetent under the third subdivision of section 1880 of the Code of Civil Procedure. The court overruled the objection, and Hewitt was examined. Section 1880 of the Code of Civil Procedure is as follows: “Section 1880. The following persons cannot be witnesses : "* * “3. Parties to…
1Opinion of the Court
By the Court :
When this cause was here before we held that Hewitt was a necessary party to a bill for an accounting, and, when the cause was remitted to the District Court, he was accordingly made a party defendant by proper amendments.
The objection to his competency as a witness should have been sustained by the court below. Section 1880 of the Code of Civil Procedure provides that “parties to an action or proceeding, or in whose behalf an action or proceeding is prosecuted, against an executor or administrator, upon a claim or demand against the estate of the deceased," cannot be witnesses.
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2Cited by14 opinions
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