Digest. 7. In an action by plaintiff, against the executors of her father, to recover for her services performed for the deceased, at his instance and request, on the trial, in support of her claim, she called Mrs. Boyd, one of her sisters, a legatee named in the will of their deceased father, and she gave evidence tending to establish an employment of plaintiff by deceased, and an agreement to pay her wages if she would go to the house of the deceased testator and take charge of the housework and personally care for his wife, 8. their mother, who was afflicted with paralysis. Subsequently in the case, her husband, Mr. Boyd, was called, and gave evidence tending to support an agreement to pay wages, and tending to show several payments made by the deceased on account thereof: Held, that Mrs. B. was not "called in her own behalf or interest," and was, therefore, competent as a witness in behalf of plaintiff. Held, also, that the husband, Mr. B, was a competent witness. (Pursell agt. Fry, ante, 317.) The trustee of an incorporated female seminary was, in 1828, a competent witness to a mortgage, executed by its president, when it is not shown that he was a stockholder thereof or had any pecuniary interest therein. (Canandaigua Academy agt. McKechnie, 19 Hun, 62.) 9. Where he adds to his answer an expression of his opinion, not responsive to the question, it may be properly stricken out on the motion of the party putting it. (Ryan agt. People, 19 Hun, 188.) 10. The provision of the Revised Statutes (2 R. S., 701, sec. 23), declaring a person sentenced upon a conviction for felony, to be incompetent as a witness, does not apply to a conviction in another state; it has reference only to a conviction in this state. (Sims agt. Sims, 75 N. Y., 466.) 11. It seems, that the fact that under the laws of another state where a conviction was had, a person convicted of the offense was incompetent as a witness does not affect his incompetency in this state. (Id.) 12. The provision of the United States Constitution declaring that full faith and credit shall be given to the records of other states (U S. Const., art. 4, sec. 1) does not Digest. require that personal disabilities imposed upon a person convicted of crime in one state, should follow him and be enforced in other states. (Id.) 13. As to whether a record of con viction of a witness for a felony, 1. where it does not disqualify, is evidence in a civil action for the purpose of impeachment, quære. (Id.) 14. If competent, the record is not conclusive as to the fact of the commission of the crime charged, but may be rebutted. (Id.) 15. Defendant having testified as a witness in his own behalf, a record of his conviction in the state of Ohio for a felony was offered by plaintiff and received in evidence. Defendant was thereupon asked by his counsel whether he was guilty of the offense of which he had been convicted. This was objected to and excluded. Held, error. (Id.) WRIT OF PROHIBITION. The power of the general term to grant a writ of prohibition addressed to the special term, is to be exercised in the same manner and to the same effect as when it is issued to inferior courts and magistrates, and the inquiry relates only to the jurisdiction. Error or mistake in practice affords no foundation for the writ, unless it involves doing something contrary to the general law. (The People ex rel. The Mayor agt. Nichols, ante, 200.) See SUMMARY PROCEEDINGS. The People ex rel. Higgins agt. |