113 Mich. 171 | Mich. | 1897
Plaintiff recovered a judgment against the defendants for alienating the affections of the wife of the plaintiff, who was a daughter of the defendants. Defendants appeal. It is their claim that a verdict should have been directed in their favor; citing White v. Ross, 47 Mich. 172. The testimony is conflicting, and we cannot say that there was no testimony, tending to establish plaintiff’s case, that should have been submitted to the jury-
Plaintiff was allowed to testify to conversations between himself and his wife which did not occur in the presence of defendants, the record not showing that the wife consented to his testifying. This was contrary to section 7546, 3 How. Stat., as repeatedly construed by this court. Maynard v. Vinton, 59 Mich. 139; Hitchcock v. Moore, 70 Mich. 112 (14 Am. St. Rep. 474); Rice v. Rice, 104 Mich. 371.
The other assignments of error do not call for discussion, as we do not think they were well taken.
Judgment reversed. New trial ordered.