CANARY v. WALLACE

No. 70-285.

25 Ohio St. 2d 244 (1971)

CANARY, APPELLANT, v. WALLACE, A MINOR, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided March 17, 1971.


Attorney(s) appearing for the Case

Miss Gladys Davis, Mr. John Alden Stalker and Mr. Richard L. Eisnaugle, for appellant.

Messrs. Miller, Searl & Fitch, Mr. Chester P. Fitch, Messrs. Skelton, Kahl, Horr & Burton, Messrs. Bannon, Howland, McCurdy & Dever and Mr. William L. Howland, for appellees.


CORRIGAN, J.

We are concerned in this appeal with the question of whether the trial court erred in refusing to permit plaintiff Canary to testify against defendant Wallace, and to call as upon cross-examination the defendant Wallace.

Stated generally, the issue may be phrased as follows: Where the provisions of R. C. 2317.03 prevent a plaintiff from testifying against a party defendant administratrix, may the plaintiff testify against and call as upon cross...

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