102 Mich. 495 | Mich. | 1894
An action was commenced in the circuit court for the county of Kent by the Peninsular Stove Company, as plaintiff, against Joseph Berles. Garnishee proceedings were also instituted against Theresa
The question involved is whether, in a garnishee proceeding, the wife of the principal defendant may be examined as to transfers of property made to her by the husband.
3 How. Stat. § 7546, provides that “a husband shall' not be examined as a witness for or against his wife-without her consent, nor a wife for or against her husband without his consent,” except in certain cases not necessary to be stated here. Was the wife competent to testify in this proceeding as a witness for or against her husband? The proceeding is analogous to a judgment