Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1877-04-25
Published March 90, 1877.
CHAPTER 239.

Published March 90, 1877.
CHAPTER 23s.
AN ACT relating to evidence and amendatory Of
section 2, of chapter 1874 of the general laws of
1868.
The people Of the state of Wisconsin, represented
in senate and assembly do enact as follows:
Section l. Section z of chapter 1874 of the
general laws of 1853, entitled 'Of evidence" is
amended so as to read as follows: party to any
civil action or special proceeding i'll any and all
courts and before any and all tribunals and be-
fore any and all officers acting judicially may be
examined as witness in his own behalf or in
behalf of any other party in the manner
and subject to the same rules of examination as
any other witness pTopided that the assignor of
thing in action shall not be examined on be-
half of said party nor shall party to an action
be examined In his own behalf in respect to any
transaction or communication had personally by
said assignor or said party respectively with a
deceased person against parties who are the ex-
ecutors, administrators, devisers, heirs-at-law,
next of kin or assignees of such deceased per
son where they have acquired title to the cause
of action from or through such deceased person,
or have been sued IA s'ch by the executors, adj
ministrators, devlsees next of kin or assignees,
but when such executors, administrators devi-
sees hers-at-law, next of kin or assignees shall
be examined on their own behalf in regard to
conversations or transactions had between
the UecttSeu person OF Silu aSS1pnor or
said party respectively, and where the
cause of action or defense arose out of
transactions with agent of the deceased
and not with the deceased personally, and
such agent be living and a witness, then the said
assigor, or the said party may be exam
ined in regard to such conversation or transac-
ton, but not in regard to any other matter; and
be Il f,H9hr pyoWded that whenever in any ac-
ton brought by or against any executor, admin
istrator, deVlsee, next of kin, heirs-at-law or
assignee of any deceased person, a witness shall
be called to establish any declaration, conversa-
ton, admission or transactions between such
witness and the party prosecuting or defending
in his own right, then and in all such cases suck
party so sought to be charged may be examined
in his own behalf touching such declaration,
conversation, admission or transaction the same
as he might have been had the opposite party
brought or defended the action in his own right
and not IN representative capacity, but not in
regard to any new matter; but if the testimony
of party to the action or proceeding has been
taken, and shall afterwards die, and after his
death the testimony SO taken shall be used upon
any trial or hearing in behalf of his executors,
administrators, devisees, hers-at-law next OF
kin or assignees the other party the assignor
of a thing i'm action shall be a competent wit
ness q 10 any and all matters to which the tes-
timony so taken relates, notwithstanding any
thing IN this section TO the contrary therefore
Section 2. Chapter 176, of the general laws
of 1863 is hereby repealed.
Section 3. This act shall take effect and be in
force from and after its passage and publication.
Approved March s, 1877. Ia COPY.