N. &. W. R. R. v. Prindle

Citations

• 82 Va. 122
• 1886 Va. LEXIS 16

Syllabus

<p>1. Witnesses—Husband and wife—Competency.—By common law (unaltered by Code, ch. 172, sections 21-22), they cannot testify for or against each other. By statute, each may testify in his or her own hehalf.</p> <p>2. Idem—Married Women’s Act—Damages for'injuries to wife.—Under this act (Acts 1876-7, p. 333), all property acquired by the feme coserte during the coverture, in any of the modes specified in the act, is her separate estate. She may sue, or be sued, as if she were a feme sole, as to h r separate property, or as a sole trader; but her husband must be joined with her. In such suit, she is a competent witness for herself, yet he is not for her. But damages for injuries to wife’s person are not within that act, and are not her separate property—he has an interest in them, and in suits to recover such damages, she is not competent to testify.</p> <p>3. Idem.—Hayes and Wife v. M. P. A., 76 Va. 225, and Farley v. Tillar, 81 Va. 225, reviewed and distinguished from case at bar. First was a suit to recover wife’s separate property; second was a suit against wife as sole trader—husband had no interest in subject matter of either. She was competent to testify, otherwise in case at bar.</p> <p>4. Construction op Statute.—For rules and principles governing construction of statutes, see opinion of Lacy, J.</p>