Sedgwick v. Sedgwick

         OPINION          By the Court:

         The third subdivision of section 1880, Code Civil Procedure, as amended in 1874, provides that the following persons cannot be witnesses: " Parties to an action or proceeding, or in whose behalf an action or proceeding is prosecuted, against an executor or administrator, upon a claim or a demand against the estate of the deceased." This action is brought by the executrix, and is brought upon a demand, not against, but in favor of the estate, and therefore does not fall within the above cited provision. The Court erred in excluding the testimony of the defendant.

         Judgment and order reversed, and cause remanded for a new trial.