The defendants are sued as administrators. The plaintiff is not a witness as to facts previous to the death of their intestate.
As the plaintiff is not a witness, so neither is her husband, he being in the same condition as his wife. He was, therefore, properly excluded.
By the general provisions of R. S. 1871, c. 82, § 82, “the husband or wife of either party may be a witness, when either is called to testify, with the consent of the other.” By § 87 this provision
There is nothing to show that the plaintiff was legally or equitably entitled to receive a larger sum than that for which the verdict was rendered. Exceptions and motion overruled.