Report of Cases Argued And Determined in the Supreme Court of the State of Arizona
Report of Cases Argued And Determined in the Supreme Court of the State of Arizona
Arizona. Supreme Court
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930, said: ''This whole argument that the letter of this law should be expanded to the dimensions of the spirit of the statute rests on a false assumption as to the spirit of this legislation. The general policy of the section is to make all persons com- petent witnesses. So far as the question of the extent of the limitations of that policy is concerned, the only way we can ascertain the scope of this limitation is by looking to the lan- guage in which that limitation is expressed. We cannot l...ook beyond the language. We cannot say that it was the pur- pose of the legislature to exclude all evidence merely because the witness from whose lips it might fall would enjoy the advantage of testifying to a transaction with a deceased per- son, who on that account could not confront and contradict him. Statutes which exclude testimony on this ground are of doubtful expediency. There are more honest claims de- feated by them by destroying the evidence to prove such claim than there would be fictitious claims established if all Digitized by LjOOQIC June, 1917.] Cobbbtt v.
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