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" ... as to any communication made by one to the other during the marriage; but this exception does not apply to a civil action or proceeding by one against the other... "
Century Ed. of The American Digest: A Complete Digest of All Reported ... - Seite 213
1904
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Reports of Cases Decided in the Supreme Court of the State of Oregon, Band 98

Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1921
...the exception does not apply to a civil action, suit, or proceeding, by one against the other. nor to a criminal action or proceeding for a crime committed by one against the other." The statute deals, not only with the qualification of one spouse as a witness for or against the other,...
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Cases Argued and Determined in the Supreme Court of the State of ..., Band 68

Colorado. Supreme Court - 1921
...but this exception does not apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other." Counsel have cited numerous cases upon the question of the admissibi'ity of these letters, but in our...
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The Code of Civil Procedure of the State of California in Four Parts

California - 1923 - 574 Seiten
...but this exception does not apply to a civil action or proceeding by one against the other. nor to or in an action brought by husband or wife against another person for the alienation of the affections...
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The Code of Civil Procedure of the State of California in Four Parts ...

California - 1923 - 574 Seiten
...but this exception does not apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other; or in an action brought by husband or wife against another person for the alienation of the affections...
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Illustrative Cases on Evidence

Archibald Hall Throckmorton - 1924 - 558 Seiten
...attorney* who reviews the history of our statute, and undertakes tojnake plain that the words "nor in a criminal action or proceeding for a crime committed by one against the other" were used advisedly, and with intent to change the rule of the common law and of the statutes, income...
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The Federal Reporter: With Key-number Annotations ..., Band 272

1921
...but this exception does riot apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other." [ 1 ] We agree with the court below that the statute first mentioned had no application to the case....
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Bulletin

Sara Louise Buchanan - 1941
...during the marriage. But this restriction does not apply to a civil action between spouses, nor to a criminal action or proceeding for a crime committed by one against the other (sec. 9-404). If a party to the action, suit, or proceeding offer himself as a witness, he thereby...
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Bulletin

1949
...However, this exception does not apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other (ch. 177, sec. 9) . In proceedings or prosecutions under the nonsupport statutes [ch. 83] the wife...
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Bulletin

1949
...marriage ( not applicable however to a civil action or a proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other, or to other specified legal action) (T. 4, sec, 1904). Neither husband nor wife is a competent witness...
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Bulletin

1949
...other, nor to a civil action or proceeding where one spouse attacks the character of the other, nor to a criminal action or proceeding for a crime committed by one against the other. A surviving husband or wife may qualify as a witness, when a party to an action by or against' the...
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