Loney v. Walkey

Citations

• 102 Ohio St. (N.S.) 18

Syllabus

<p>Evidence — Competency of parties as witnesses — Action against administrator for personalty of estate — Heirs nominal parties and testimony competent, when — Section ZI495, General Code —Prejudicial error to reject witness, when.</p> <p>1. In an action brought against an administrator of an estate to recover specific personal property claimed by the plaintiff, no ground for relief being stated against the heirs of the decedent, they are neither proper nor necessary parties. If otherwise competent their testimony cannot be excluded by reason of the provisions of Section 11495, General Code, though they be named as parties defendant.</p> <p>2. The so-called “reason and spirit” clause in Section 11495, General Code, cannot be invoked or applied in contravention of the express provisions of that section or the two preceding sections of the statute relative to the competency of witnesses.</p> <p>3. The erroneous rejection of a witness, on the ground that he is incompetent to testify in a case, will be held prejudicial to the party offering such witness, though the record contains no statement of the facts to which he is expected to testify. (Wolf et al. v. Powner, Exr., 30 Ohio St., 472, approved and followed.)</p>