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13 Ga. App. 798

Dean v. Dean

Court of Appeals of Georgia

Decided November 25, 1913

Court of Appeals of Georgia · decided 1913-11-25

<p>Trover; from city court of Bainbridge — Judge Spooner. July 10, 1913.</p>

Relies on Blount v. Beall · Jackson v. Gallagher · Hall v. Hilley

Good law ✅— No negative treatment on recordhow we know

Decided 1913-11-25

How this case has been cited

Cited by 5 later decisions — most recently November 1971

5 state decisions

101913192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Roan, J.

¶1By the express terms of the statute, section 5858 of"the Civil Code is to be strictly construed, and no exceptions to the competency of witnesses are to be allowed save such as are set forth in that section. Civil Code, § 5859. Paragraph 4 of section-5858 provides that “a person interested in the result of the suit” is not competent to testify “if as a party to the cause he would for any cause be incompetent.” The interest referred to in this paragraph is a legal or pecuniary interest in the result of the suit. Mere personal interest such as that entertained by a near relative of the party does not disqualify the witness. Blount v. Beall, 95 Ga. 182 (2), 188 (22 S. E. 52); Jackson v. Gallagher, 128 Ga. 321 (57 S. E. 750). See, also, Hall v. Hilley, 139 Ga. 13 (76 S. E. 566). It follows that in, a suit brought by an administrator for the recovery of property in the possession of the defendant, the wife of the defendant is not incompetent to testify to an alleged transaction between the defendant and the decedent, by the terms of which the defendant acquired title to the property in dispute.

¶2Judgment reversed.

Pottle, J., disqualified.
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