 ... be, without the consent of the other, examined 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, nor to a criminal action or proceeding...  Michigan Reports: Cases Decided in the Supreme Court of Michigan - Page 46by Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Richard W. Cooper, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner - 1919Full view - About this book
 | New York (State). Commissioners on Practice and Pleadings - 1850 - 898 pages
...person cannot be examined, as a witness, in the following cases : 1. A husband cannot be examined, for or against his wife, without her consent, nor...for or against her husband, without his consent, nor can either, during the marriage or afterwards, be, without the consent of the other, examined, as to... | |
 | 1851 - 508 pages
...a person cannot be examined as a witness in the following cases: " 1. A husband cannot be examined for or against his wife, without her consent. nor...or against her husband, without his consent ; nor can either, during the marriage or afterwards, be, without the consent of the other, examined as to... | |
 | 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
...a statement to the Court or jury, and may be cross-examined upon any such statement. Sec. 4342. — A husband shall not be examined as a witness for or...nor shall either, during the marriage or afterwards, be, without the consent of both, examined as to any communication made by one to the other during the... | |
 | 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
...Stat. | 7546), taking effect July 5, 1869, amended the 1861 statute so as to make it read as follows: "A husband shall not be examined as a witness for...wife for or against her husband without his consent, except in cases where the husband or wife shall be a party to the record In a suit, action, or proceeding... | |
 | 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 - 1912 - 794 pages
...Whitney, 105 Mich. 622 (63 NW 765). The statute invoked is 3 Comp. Laws, § 10213, which provides that a husband shall not be examined as a witness for or...wife for or against her husband without his consent. When respondent offered Mrs. Oxford as a witness, the prosecuting attorney stated in making his objection... | |
 | 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
...competent depends upon the construction to be given to How. Stat., § 7546, which reads as follows : "A husband shall not be examined as a witness, for...wife, for or against her husband, without his consent, except in cases where the husband or wife shall be a party to the record, in a suit, action, or proceeding... | |
 | 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 - 1893 - 800 pages
...competent witness. Our statute (How. Stat. § 7546, as amended by Act No. 211, Laws of 1885) is as follows: "A husband shall not be examined as a witness for...wife for or against her husband without his consent, except in cases where the cause of action grows out of a personal wrong or injury done by one to the... | |
 | 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
...allegation that the complainant was the wife of the defendant. The statute (2 How. Stat. § 7546) provides: "A husband shall not be examined as a witness for...wife for or against her husband without his consent, except in cases where the husband or wife shall be a party to the record in a suit, action, or proceeding... | |
 | 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
...provided by statute. Swarthout v. Lucas, 492. 17. Under 3 How. Stat. § 7546, which provides that " a husband shall not be examined as a witness for or...her consent, nor a wife for or against her husband STATUTES CONSTRUED — Continued. without his consent," except in certain cases, a wife, when garnished... | |
 | 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 - 1889 - 810 pages
...the just penalty for his crime. Act No. 211, Laws of 1885, provides that— "A husband shall not he examined as a witness for or against his wife without...wife for or against her husband without his consent, except in cases where the cause of action grows out of a personal wrong or injury done by one to the... | |
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