It was the general rule of the common law that neither husband nor wife was a competent witness for or against the other. This rule was based upon grave reasons of public policy, having reference to the preservation of that hallowed confidence and mutual happiness of parties joined together in the marital relation. This rule was subject to several exceptions to be hereafter noted.

This is a matter now regulated by statute in the various jurisdictions, which declare that neither husband or wife shall be a competent witness for or against each other, except in certain cases therein enumerated. Most of these exceptions, being in express derogation of the common law, are strictly construed, and in order to make the witness competent, it must be shown that he or she is clearly within the exception.5

Among these exceptions are: (1) Where the action is between the husband and wife; (2) Where the husband or wife has acted as the agent of the other; (3) Where the husband or wife would, if unmarried, have been plaintiff or defendant; and (4) Where the litigation concerns the separate property of the wife.

3 Conley vs. People, 170 I11., 587.

4 Cochran vs. People, 175 I11., 28, citing Campbell vs. People, 159

Ill., 9, and Hoyt vs. People, 140 I11., 588. 5 Huot vs. Wise, 27 Minn., 68.