Legal Opinion

Moore v. Moore

Supreme Court of Missouri

Decided October 15, 1872PublishedCited by 16 opinions

jError to Scott Circuit Court. Although as a general rule husband and wife cannot testify against each other, this rule only excludes confidential communications and does not extend to facts equally accessible to any person not standing in that relation. 1 Greenlf. Ev. § 254. In Hoffman v. Hoffman, 43 Mo. 551, top of page, it seems the plaintiff 'testified.

1Opinion of the CourtAdams, Judge

This was a suit for, divorce by a husband against his wife, in which a judgment was rendered in his favor.

The husband was allowed to testify as a witness on his own behalf, and the only question presented for our consideration is whether he was competent. This involves the proper construction of the first, section of chapter 144, General Statutes (Wag. Stat., 1372, § 1), which enacts that “no person shall be disqualified as a witness in any civil suit or proceeding at law or in equity, by reason of his interest in the event of the same, as a party or otherwise, but such interest may be shown…

2Cited by16 opinions

  1. Darrier v. DarrierSupreme Court of Missouri · 1874
  2. Holman v. BachusSupreme Court of Missouri · 1880
  3. Stebbins v. AnthonySupreme Court of Colorado · 1880
  4. Berry v. HartzellSupreme Court of Missouri · 1886
  5. Stillwell v. PattonSupreme Court of Missouri · 1891

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