New York Court of Appeals

Louise C. Southwick, Appellant v. George W. Southwick, Respondent

May 28, 187249 N.Y. 510

Summary

The Court affirmed the judgment, holding that the 1867 statute makes a husband competent to testify on his own behalf against his wife, that the statute applies to actions pending its enactment, that it does not violate the U.S. Constitution’s ex post facto prohibition, and that only confidential marital communications remain privileged.