Whitney v. Priest

Citations

• 26 Wash. 48
• 66 P. 108
• 1901 Wash. LEXIS 604

Syllabus

<p>PLEADING-DEPARTURE — CURED BY AMENDMENT.</p> <p>The fact that plaintiff’s reply showed a departure from his complaint as originally filed cannot be urged as error, where the lower court authorized the complaint to be amended on the trial to correspond to the evidence, whereby the objection of departure in the pleadings was at the same time eliminated.</p> <p>WITNESSES-TRANSACTIONS WITH DECEDENT-PARTIES IN INTEREST-HUSBAND AND WIPE.</p> <p>Under Bal. Code, § 5991, which provides that in an action where the adverse party sues as administrator of a deceased person, then a party in interest shall not be admitted to. testify in his own behalf as to any transaction had by him with or any statement made to him by any such deceased person, a wife cannot testify to such transactions or statements between her husband and a deceased person, although made or done in her presence, where community interests are involved «n the result of the action.</p>