by John Marshall Harlan

“ In the courts of the United States no person can be excluded as a witness in a civil action by reason by being 'a party to or interested in the issue tried' except 'that in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other as to any transaction with or statement by the testator, intestate, or ward, unless called to testify thereto by the opposite party or required to testify thereto by the court.' Rev. ”

“ Her testimony was material, and she was the only witness called by the plaintiff, except one who testified as to the administration proceedings. The plaintiff's counsel claimed at the trial that $1,400 had been paid to Mrs. Liebsch by Snyder in his life-time, but after the death of Francis J. Liebsch, and that this paymement should be deducted. There was a verdict and judgment in favor of the plaintiff Fiedler, administrator de bonis non, for $6684. ”