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91 Mich. 494

Reynolds v. Schaffer

Michigan Supreme Court

Decided May 6, 1892

Michigan Supreme Court · decided 1892-05-06

<p>Husband and wife — Competency as witness.</p> <p>In a suit by a husband for carnally debauching and knowing his wife, and alienating and destroying her affection for him, the wife is not a competent witness in his behalf; citing Mathews v. Yerex, 48 Mich. 361.</p>

Cited by 2 later decisions — most recently November 1904

2 state decisions

Relies on Mathews v. Yerex

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1892-05-06

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Morse, C. J.

¶1Plaintiff sued defendant for carnally debauching and knowing plaintiff's wife, Rhoda Reynolds, and alienating and destroying her affection for her husband. On the trial plaintiff offered his wife as a witness in his behalf. Upon • objection by defendant's counsel, the court below held that she was not a competent witness. The plaintiff also offered in evidence a-letter written to him by his said wife, previous to the wrongful acts of the’ defendant, to show the relation that,-/then existed between plaintiff and wife. This offer was rejected. No further evidence was offered by plaintiff, and the court directed a verdict for the defendant.

¶2The direction was right. The case is ruled by Mathews v. Yerex, 48 Mich. 361, where it is held that the wife is not a competent witness for her husband in a suit of this kind. See, also, How. Stat. § 7546.

¶3It is not necessary to determine whether the letter was admissible. It could have no force in the case, standing alone, without any proof of the criminal conversation.

¶4The judgment is affirmed, with costs.

Long, Grant, and Montgomery, JJ., concurred. McGrath, J., took no part in the decision.
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