Turner's Guardian v. King

• Decision Date: 19 December 1895
• Parties: TURNER'S GUARDIAN v. KING et al.
• Court: Kentucky Court of Appeals

33 S.W. 405

98 Ky. 253

TURNER'S GUARDIAN v. KING et al.

Court of Appeals of Kentucky.

December 19, 1895

On petition for a rehearing. Overruled.

For original opinion, see 32 S.W. 941.

PRYOR, C.J.

We think it immaterial whether the mother of Alvis left her husband before or after the death of her father, as it could not have affected the question as to the right of appellee to establish a want of chastity on the part of Alvis' mother years before the witness was called to testify. We were not under the belief that the Bible directed to be excluded as testimony was offered as evidence by the appellee; but, as the case had to go back, its want of verity as to the ages of parties therein mentioned was so patent as to authorize this court to say that it was not competent, and thus avoid any error in regard thereto upon second trial of this case. The opinion modified as to the time of the separation between Alvis' father and mother. Petition overruled.