Gee v. Scott
Texas Supreme Court
Appeal from Burleson. Tried below before the Hon. A. S. Broaddus. November 8, 1871, Drury Gee recovered a judgment, in the District Court of Washington county, against T. L. Scott, the husband of M. E. Scott, for $593, and costs. Execution was issued thereon 18th of March, 1873, and levied in Burleson county on a stock of goods. May 21, 1873, T. L. Scott, as agent for his wife, filed an affidavit and bond, for trial of the right of property in said goods.
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Appeal from Burleson. Tried below before the Hon. A. S. Broaddus. November 8, 1871, Drury Gee recovered a judgment, in the District Court of Washington county, against T. L. Scott, the husband of M. E. Scott, for $593, and costs. Execution was issued thereon 18th of March, 1873, and levied in Burleson county on a stock of goods. May 21, 1873, T. L. Scott, as agent for his wife, filed an affidavit and bond, for trial of the right of property in said goods. On a trial, had April 22, 1874, among the witnesses offered by claimant was her husband, T. L. Scott, which evidence was admitted over…
1Opinion of the Court
Moore, Associate Justice.
The material question presented for our consideration in this case, is whether, since the-enactment of the statute of May 19,1871, declaring that in the courts of this State there shall be no exclusion of any witness in civil actions because he or she may be a party to, or-interested in, the issue to be tried, the husband or .wife of one of the parties is disqualified from testifying, on behalf of such party, as to matters of which the witness can speak from general knowledge, as contradistinguished from facts or information derived from confidential intercourse…
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3Cited by16 opinions
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