Steinburg

The property in controversy had been attached by the Sheriff under a writ issued in an action brought by Newman against George Steinburg, the husband of the plaintiff; and the property is claimed by the plaintiff as her separate property. George Steinburg was called as a witness for the plaintiff, and testified that he managed the property as the agent of his wife. On cross-examination the witness was asked: “ What was the understanding between yourself and Newman relative to attaching these cattle just prior to the commencement of the attachment suit ? ” But the question was objected to on the ground that it was not legitimate cross-examination, and the objection was sustained. The defendant then proposed to make him his own witness, and repeated the question, but the plaintiff objected to his answering the question, on the ground that the witness, being the husband of the plaintiff, could not be examined as a witness in the case without her consent, and the Court sustained the objection.

*427 The question proposed was legitimate cross-examination, in view of the testimony already given by the witness, either to show that he was not acting as the agent of the plaintiff in the…