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" ... as to any communication made by one to the other during the marriage; but this exception does not apply to a civil action or proceeding by one against the other... "
Century Edition of The American Digest: A Complete Digest of All Reported ... - Σελίδα 213
1904
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Cases Argued and Determined in the Supreme Court of the State of ..., Τόμος 65

Colorado. Supreme Court - 1920 - 664 σελίδες
...or constructive; the language is unqualified that the husband or wife may testify against the other 'in a criminal action or proceeding for a crime committed by one against the other.' This language is broad enough to include any crime, whether of violence to the person, or other crime...

Reports of Cases Decided in the Supreme Court of the State of ..., Τόμος 39

North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - 1920 - 718 σελίδες
...this sub•division does not apply to a civil action or proceeding by one against the 'other nor to a criminal action or proceeding, for a crime committed by one against the other." The record does not disclose that any objection was made to the competency of Mrs. Nelson as a witness...

Reports of Cases Argued and Determined in the Supreme Court of the ..., Τόμος 98

Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1921 - 826 σελίδες
...the exception does not apply to a civil action, suit, or proceeding, by one against the other. nor to a criminal action or proceeding for a crime committed by one against the other." The statute deals, not only with the qualification of one spouse as a witness for or against the other,...

Cases Argued and Determined in the Supreme Court of the State of ..., Τόμος 68

Colorado. Supreme Court - 1921 - 664 σελίδες
...but this exception does not apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other." Counsel have cited numerous cases upon the question of the admissibi'ity of these letters, but in our...

The Code of Civil Procedure of the State of California in Four Parts

California - 1923 - 952 σελίδες
...but this exception does not apply to a civil action or proceeding by one against the other. nor to or in an action brought by husband or wife against another person for the alienation of the affections...

The Code of Civil Procedure of the State of California in Four Parts ...

California - 1923 - 600 σελίδες
...but this exception does not apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other; or in an action brought by husband or wife against another person for the alienation of the affections...

Illustrative Cases on Evidence

Archibald Hall Throckmorton - 1924 - 594 σελίδες
...attorney* who reviews the history of our statute, and undertakes tojnake plain that the words "nor in a criminal action or proceeding for a crime committed by one against the other" were used advisedly, and with intent to change the rule of the common law and of the statutes, income...

The Federal Reporter, Τόμος 272

1921 - 1092 σελίδες
...but this exception does riot apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other." [ 1 ] We agree with the court below that the statute first mentioned had no application to the case....

Supplement to the Codes and General Laws of the State of California of 1923 ...

California, James Henry Deering - 1927 - 2496 σελίδες
...but this exception does not apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other; or in an action brought by husband or wife against another person for the alienation of the affections...

Bulletin

Sara Louise Buchanan - 1941 - 1112 σελίδες
...during the marriage. But this restriction does not apply to a civil action between spouses, nor to a criminal action or proceeding for a crime committed by one against the other (sec. 9-404). If a party to the action, suit, or proceeding offer himself as a witness, he thereby...




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