¶1Although section 5242 does not in terms exclude as a witness-a party when the adverse party is the guardian of an “ imbecile,” yet we think the judgment of the court below in excluding him was correct. Section 5240 makes persons of “unsound mind’ ’ incompetent as witnesses, and section 5242 excludes from testifying a party when the opposite party is the guardian of an “ insane person.” We think an “ imbecile ” comes within the meaning and spirit of the law. He is a person of' “ unsound mind,” and is by section 5240 an imcompetent witness. Whatever changes have from time to time been made by the legislature in section 5252, the spirit and intent of that-section has never been changed in ijhis particular, that a. party shall not testify in his own ..case where the opposite-party is the guardian of a person under such a disability from any mental infirmity as to be incompetent as a witness.
4 Ohio C.C. 1
Ross v. Todd
Decided April 15, 1889
Ohio Circuit Courts · decided 1889-04-15
In the court below an action was brought by Ross against Robert H. Todd, as guardian of Henry Hunt, animbecile.” for articles furnished to the imbecile before the appointment of the guardian. The guardian denied that the articles were furnished, and the plaintiff offered himself as a witness to prove that fact. Defendant objected to the competency as a witness under sections 5240, 5242, Rev. Stats.
Decided 1889-04-15