Strauss v. Hutson

Citations

• 104 Miss. 637
• 61 So. 594

Syllabus

<p>1. Husband and Wife. Witnesses. Competency. Code 1906, section 1916. Testimony against interest of other.</p> <p>Under the common law husband and wife were incompetent to testify either for or against each other, and while this has been changed by Code 1906, section 1916, this statute does not permit either to testify against the other, except in “all controversies between them.”</p> <p>2. Husband and Wife. Witnesses. Competency. Bill for discovery.</p> <p>Where in a bill for discovery against a husband and wife, the prayer of the bill is, in effect, an effort to compel the husband and wife to testify against each other, such bill is not maintainable as the policy of the law renders the husband or wife incompetent to give evidence in any proceeding which may aid the opponent of the other in a lawsuit wherein both husband and wife are made parties.</p> <p>3. Same.</p> <p>As far as the husband and wife being incompetent to testify against each other, the law remains as it was at common law, except in controversies between them.</p>