Hesdorffer v. Hiller

Citations

• 111 Miss. 16
• 71 So. 166

Syllabus

<p>1. Witnesses. Confidential communications. Husband and wife. Competency.</p> <p>The husband' or wife may testify against the other after divorce, if the testimony does not relate to privileged communications.</p> <p>2. Witness. Competency. Husband and wife.</p> <p>Where a husband pledges his wife’s stock certificate which purported to have been endorsed-' by her, and subsequently was divorced from her, he was a competent witness against her to-establish her endorsement of‘the certificates, since if she endorsed them to enable him to borrow money upon them, she could not have deemed the transaction confidential.</p> <p>3. Witness. Competency. Husband and.wife.</p> <p>Code 1906, section 1916, provides that husband and wife may be intrqduced by each other as witnesses in all cases, and shall be competent witnesses in their own behalf and against each other in all controversies between them, this statute does not affect the common law rule as to the competency of a divorced husband to testify against his wife in a suit in which there is no controversy between the husband and wife, such common law rule being that either the husband or wife may testify against the other after divorce if the testimony does not relate to privileged communication.</p>