18 N.Y.S. 485 | N.Y. Sup. Ct. | 1892
This judgment must be reversed for error in the admission of testimony. The action was for divorce, the plaintiff suing on an allega
Section 831 is as follows: “ A husband or a wife is not competent to testify against the other upon the trial of an action, or the hearing upon the merits of a special proceeding founded upon an allegation of adultery, except to prove the marriage. A husband or wife shall not be compelled, or, without the consent of the other, if living, allowed, to disclose a confidential communication, made by one to the other, during marriage. In an action for criminal conversation, the plaintiff’s wife is not a competent witness for the plaintiff, but she is a competent witness for the defendant, as to any matter in controversy, except that she cannot, without the plaintiff’s consent, disclose any confidential communication had or made between herself and the plaintiff. ”