Rose v. Southern Trust Co.

Evidence—Several Pacts—General Offer.—Where an offer of evidence includes different propositions, grouped together, parts of the offer being vulnerable to an objection made, the objection should be sustained.

Id.—Action Against Executor—Testimony Given at Former Trial Inadmissible.—In an action against an executor for services rendered the decedent, neither the testimony of the plaintiff given at a former trial nor her deposition taken therein are admissible, in view of the provisions of subdivision 3 of section 1880 of the Code of Civil Procedure.

Id.—Disqualification of Witnesses—Construction of Section 1870, Subdivision 8, and Section 1880, Subdivision 3, Code of Civil Procedure.—The provisions of subdivision 8 of section 1870 of the Code of Civil Procedure, relating to the testimony of witnesses generally, do not apply to the testimony of a party who is made incompetent as a witness by subdivision 3 of section 1880 of that code.

Id.—Testimony Given in Former Trial—Hearsay.—The testimony and deposition of the plaintiff given in a former trial are purely hearsay, and if not admissible under section 1880, subdivision 3, of the Code of Civil Procedure, cannot be admitted, because of the fact that the decedent had testified on the same subject and that such testimony is available, said decedent having died before the second trial and her executor substituted.