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" ... during the marriage or afterwards, be, without the consent of the other, examined 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, nor... "
A Treatise on the Law of Witnesses - Page 164
by Stewart Rapalje - 1887 - 573 pages
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

New York (State). - Civil procedure - 1850 - 920 pages
...examined, for or against his wife, without her consent, nor a wife, for or against her husband, without his consent, nor can either, during the marriage or afterwards,...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, nor to a criminal...
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The United States Democratic Review, Volume 29

United States - 1851 - 598 pages
...examined for or against his wife, withont far consent nor a wife for or against her husband, withont his consent ; nor can either, during the marriage or afterwards,...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, nor to a criminal,...
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The United States Magazine and Democratic Review, Volume 29

United States - 1851 - 508 pages
...examined for or against his wife, without her consent. nor a wife for or against her husband, without his consent ; nor can either, during the marriage or afterwards,...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, nor to a criminal,...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 93

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1893 - 800 pages
...did not exist; nor shall either, during the marriage or afterwards, without the consent of both, be examined as to any communication made by one to the other during the marriage; but in any action or proceeding instituted by the husband or wife, in consequence of adultery, the husband...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 14

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1867 - 642 pages
...his consent; nor shall either, during the marriage or afterwards, be, without the consent of both, examined as to any communication made by one to the other during the marriage ; but in any action or proceedings instituted by the husband or wife in consequence of adultery, the husband...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 109

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1898 - 796 pages
...did not exist ; nor shall either, during the marriage or afterwards, without the consent of both, be examined as to any communication made by one to the other during the marriage ; but in any action or proceeding instituted by the husband or wife in consequence of adultery, the husband...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 159

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1910 - 804 pages
...NW 756] ) is: "Nor shall either, during the marriage or afterwards, without the consent of both, be examined as to any communication made by one to the other during the marriage. * * * » 3 Comp. Laws, § 10213. This has not been construed as applying to all communications made...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 200

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1919 - 806 pages
...consent, * * * nor shall either, during the marriage or afterwards, without the consent of both, be examined as to any communication made by one to the other during the marriage." The wife is not a party to this suit; the husband is a party. The offer was to examine her as a witness...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 184

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1916 - 830 pages
...the facts). 1. "Nor shall either, during the marriage or afterwards, without the consent of both, be examined as to any communication made by one to the other during the marriage," is the language of the statute. 3 Comp. Laws, § 10213 (5 How. Stat. [2d Ed.] § 12857). Objection...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 102

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1895 - 772 pages
...without the consent of both, neither husband nor wife, during the marriage or afterwards, shall 'be examined as to any communication made by one to the other during the marriage.'" In the case of State v. Jolly, 8 Dev. & B. (NC) 110, the question arose whether, at the common law,...
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