 ... husband or wife, who is a party to the record in such suit, action or proceeding, as though such marriage relation did not exist; nor shall either, during the marriage or afterwards, without the consent of both, be examined as to any communication...  Michigan Reports: Cases Decided in the Supreme Court of Michigan - Page 257by Michigan. Supreme Court, George C. Gibbs, Randolph Manning, Thomas McIntyre Cooley, William Jennison, Elijah W. Meddaugh, Hoyt Post, Henry Allen Chaney, Hovey K. Clarke, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1893Full view - About this book
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1886 - 730 pages
...the other of said married persons, who is a party to the record in such suit, action or proceeding ; and in all such cases, such husband or wife who makes...husband and wife shall not be competent to testify." And this section of the statute must be construed in connection with § 6297, relative to the rights... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1919 - 806 pages
...the other of said married persons, who is a party to the record in such suit, action or proceeding; and in all such cases, such husband or wife who makes...husband and wife shall not be competent to testify." According to the letter of the law the witness Hilma Hendrickson was a competent witness for the defendant... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1898 - 796 pages
...the other of said married persons, who is a party to the record in such suit, action, or proceeding ; and, in all such cases, such husband or wife who makes...husband and wife shall not be competent to testify." The complaint required by statute is not an element of the offense, but it is a condition to its prosecution... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1896 - 784 pages
...the other of said married persons, who Is a party to the record in such suit, action, or proceeding, and In all such cases such husband or wife who makes...husband and wife shall not be competent to testify." 3. Act No. 155, Laws of 1883 (How. Stat. § 6260), taking effect September 8, 1883, amended the statute... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1895 - 772 pages
...against his wife without her consent, nor a wife for or against her husband without his consent. * * * Nor shall either, during the marriage or afterwards,...husband and wife shall not be competent to testify." In Mathews v. Yerez, 48 Mich. 361, it was held that under this statute the wife is not a competent... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1890 - 816 pages
...•* * nor shall either, during the marriage or afterwards, without the consent of both, be examinad as to any communication made by one to the other during...husband and wife shall not be competent to testify." This statute was intended to subserve a wise public policy; and we think we ought to call attention... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1882 - 744 pages
...and make exceptions thereto. Of that kind is the last clause of Comp. L. § 5969, which provides that in " any action or proceeding instituted by the husband...husband and wife shall not be competent to testify." This appears to the Court as a clear expression by the Legislature that the clauses removing incompetency... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1867 - 642 pages
...to any communication made by one to the other during the marriage ; but in any action or proceedings instituted by the husband or wife in consequence of...husband and wife shall not be competent to testify. Samuel S. Taff v. John Hosmer and another. Appeal from probate of will. General tesue. The plea of... | |
 | Michigan - 1861 - 926 pages
...to any communication made by one to the other during the marriage; but in any action or proceedings instituted by the husband or wife in consequence of...husband and wife shall not be competent to testify. ject, as are inconsistent with the provisions of this act, are so hereby repealed. Sec. 6. This act... | |
 | Michigan - 1869 - 608 pages
...afterwards, without the consent of both, be examined as to any communication made by one to the other, daring the marriage; but in any action or proceeding instituted...husband and wife shall not be competent to testify. Approved March 30, 1869. [ No. 85. ] AN ACT to amend section two thousand four hundred and thirty-five,... | |
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