DocketNumber: No. 30060
Citation Numbers: 60 N.E.2d 704, 145 Ohio St. 41, 145 Ohio St. (N.S.) 41
Judges: TURNER, J.
Filed Date: 4/4/1945
Status: Precedential
Modified Date: 1/12/2023
I concur in the first paragraph of the syllabus of this case, but must dissent from the second paragraph and from the judgment. In my opinion, the statutory disqualification of an interested witness can be removed only by a waiver on the part of the party protected by the provisions for disqualification. To remove the disqualification of an interested witness through the giving or introduction of testimony by an adversary, concerning matters as to which the disqualified witness is incompetent, the testimony of the adverse party must have been voluntarily given. Crafton v. Inge,
An interested person cannot make his own testimony competent by eliciting as new matter, on cross-examination of his adversary, evidence as to matters concerning which such interested person is incompetent (Loeb v. Stern, Admx.,
The judgment should be reversed and the case remanded for new trial.
BELL and MATTHIAS, JJ., concur in the foregoing dissenting opinion.