¶29 You will find tested the brand new checklist off Mr. Ivy’s involvement regarding demonstration. The listing shows you to definitely William L. Ivy performed question Mr.
¶30 Inside 97 C.J.S. Witnesses § 71, there is certainly a dialogue as to what impropriety from an attorney acting as the recommendations and you can experience, and a recognition away from an exemption “where it is very important this new closes out-of justice,” and this was an issue on discretion of one’s courtroom.
¶30 In the Burgdorf v. Keeven, 351 Mo. 1003, 174 S.W.2d 816, where an identical laws is actually under talk, this new legal told you the attorney’s testimony try important and that he are really the only offered witness expose, apart from new defendants, when a deed was conducted. The latest judge stored that the rule don’t exclude their testimony.
¶32 In the modern situation we are not condoning the fresh new practice regarding a legal professional becoming one another the recommendations and you will witness, but we’re going to maybe not say that the latest demo judge mistreated its discernment inside the overruling brand new objection. Less than every factors we will maybe not overlook the attorney’s testimony inside our planning with the situation.
¶33 Defendants subsequent compete one to assets gotten by the current isn’t thought to be received because of the combined business throughout coverture. (84 O.S. 1961 § 213 , Sub. 2). Significantly less than this offer the brand new defendants and argue that the view, carrying the deeds out of Lena to Roentgen.D.
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