...forth, as follows: "The language of section 2, chapter 51, is: 'No party to any civil action * * * shall be allowed to testify therein of his own motion or in his own behalf * * * unless when called as a witness by such adverse party so suing or defending.' By the section...

...remanded, with directions. DUNN. and COOKE, JJ., dissenting: The statute provides that no party to any suit or person directly interested in the event thereof shall be allowed to testify in his own behalf where any adverse party sues or defends as the heir of any deceased person, except...

...by any other competent evidence. [L. 1867, p. 183, § 1. 2. WHEN NOT COMPETENT— EXCEPTIONS.] § 2. convicted of having joined the army of Great Britain...War, shall be admitted to become a citizen without trustee or conservator of any idiot, habitual drunkard, lunatic or distracted person, or as the executor,...

...ETnot i?iuwed~ or proceeding, or person directly interested in the ev o0wnbtih»if.'h<:irtnereof. sha11 be allowed to testify therein, of his own motion,...section. when any adverse party sues or defends as the trustee or conservator of any idiot, lunatic or distracted person, or as the executor or administrator,...

...witness by the letter or spirit of Section 2. That provides, as shown above, that no party to the suit, or person directly interested in the event thereof,...testify therein of his own motion or in his own behalf. He is a party to the suit, but he did not testify therein of his own motion or in his own behalf. He...

...chapter 51 of the Revised Statutes of 1874, which provides, "That no party to any civil action, snit or proceeding, or person directly interested in the...allowed to testify therein, of his own motion, or in hifi own behalf, by virtue of the foregoing section (section 1, of the act), when any adverse party...

...only assignment that will be noticed in the present opinion. The statute referred to provides that "no party to any civil action, suit, or proceeding,...event thereof, shall be allowed to testify therein by his own motion, or in his own behalf, * * * when any adverse party sues or defends as * * * the...

...witness cognizant of such conviction, as impeaching testimony, or by any other competent evidence."4 " No party to any civil action, suit, or proceeding,...the foregoing section, when any adverse party sues Howell, 50 Ga. 203; Bryan r. Tooke, As to the practice of submitting 60 Ga. 437 ; Hammond v. Drew,...

...evidence." Then follows Sec. 2, limiting the operation of the above section, which reads as follows: "No party to any civil action, suit or proceeding,...behalf, by virtue of the foregoing section, when any ad verse party sues or defends as the trustee or conservator of any idiot, habitual drunkard or lunatic...

...portion of the statute applicable to the consideration of the question so presented reads as follows: "Xo party to any civil action, suit, or proceeding, or...therein, of his own motion, or in his own behalf, * * * when any adverse party sues or defends * * * as the executor or administrator * * * of any deceased...