59 Tenn. 338 | Tenn. | 1873
delivered the opinion of the court.
The plaintiff, Jones, sued the administrator of R. B. Brown upon a promissory note for |2,000. Several pleas were filed, and witnesses on both sides were • introduced. At the trial, at the September term, 1871, verdict and judgment were for the plaintiff for only $450, and' he has appealed to this court.
The record shows that the counsel for the plaintiff offered to introduce M. W. Jones, the plaintiff, as a witness, to which the defendant objected, and that the objection was sustained by the court, and the witness not allowed to testify; to which ruling of the court the plaintiff excepted.
By sec. 3813, c, of Thompson & Steger’s Statutes,
By sec. 3813, d, in actions by or against administrators, etc., neither party shall allowed to testify against the other as to any transaction with, or statement by, the intestate, etc.
By this section, a party is a competent witness to testify as to any fact in the case, except those specified. Jones was therefore a competent witness as to every other fact than transactions with, or statements by, the intestate; and it was error wholly to reject him as a witness, as was done by the court.
Eor this error the judgment must be reversed.