Blythe

Mr. Boalt stated when he began his argument, “I have four answers to the argument of the adverse counsel, any one of which is sufficient to overthrow their objection. First: We called the witness Mr. Hart because he is a subscribing witness. ’ ’ That is all there is about it. Mr. Hart was called as a subscribing witness. What is a subscribing witness? Mr. Bergin has called the attention of the court to section 1935, Code of Civil Procedure. “A subscribing witness is one who sees a writing executed or hears it acknowledged, and at the request of the party thereupon signs his name as a witness.” How may a writing be proved? Section* 1940, Code of Civil Procedure, says: “Any writing may be proved, first, by anyone who saw the writing executed, or second, by evidence of the genuineness of the handwriting, or third, by a subscribing witness. ’ ’ Section 1941, Code of Civil Procedure, says: “If the subscribing witness denied *446 or does not recollect the execution of the writing, its execution may still be proved by other evidence.” A person called as a subscribing witness is limited in his testimony as such as to all matters that are connected with the execution of the instrument, and…