Gubin

The petitioner seeks the writ, of mandate to compel the respondent court to receive testimony. Simply stated, the proposition presented to us is this: The petitioner here sued her husband in the respondent court for divorce and incidentally for a division of the community property. She joined' the defendant’s brother, Oscar Gubin and his wife, Bertha Gubin, as defendants alleging that, the two latter held the record title to property, which in truth and in fact belonged to herself and her husband as community property. After Bertha Gubin was called to the stand under section 2055 of the Code of Civil Procedure, her counsel objected to plaintiff’s counsel interrogating her with respect to the sources from which the money was secured with which the property was purchased on the ground that by subdivision 1 of section 1881 of the Code of Civil Procedure neither a wife nor a husband may be examined for or against the other without the other’s consent. This objection was sustained, the trial judge indicating that he would also uphold counsel’s contention that the husband could not be examined for or against the wife without her consent. It is this line of testimony which the petitioner…