Spitzer v. Meyer, 198 Ill. App. 550 (1916)

April 12, 1916 · Illinois Appellate Court · Gen. No. 21,237
198 Ill. App. 550
Maurice Spitzer, Defendant in Error, v. Evelyn Meyer, Plaintiff in Error

Maurice Spitzer, Defendant in Error, v. Evelyn Meyer, Plaintiff in Error.

Gen. No. 21,237.

(Not to foe reported in full.)

Error to the Municipal Court of Chicago; the Hon. John A. Mahoney, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1915.

Reversed and remanded.

Opinion filed April 12, 1916.

Statement of the Case.

Action by Maurice Spitzer, plaintiff, against Evelyn Meyer, defendant, in the Municipal Court of Chicago, to recover for architect’s services. To reverse a judgment for plaintiff, defendant prosecutes this writ of error.

Moses, Rosenthal & Kennedy, for plaintiff in error; Julius Moses and Sigmund W. David, of counsel.

Rieger & Rieger, for defendant in error; Franklin S. Catlin and Louis Rieger, of counsel.

Mr. Justice Goodwin

delivered the opinion of the court.

*551Abstract of the Decision.

1. Witnesses, § 33 * —when husband competent witness for wife. The husband of a married woman is a competent witness in her behalf under section 5 of the Evidence Act (J. & A. If 5522), in a suit against the wife to recover for architect’s services.

2. Tbial, § 68*—when denial to counsel of right to make full offer of what mil be proved by witness reversible error. It is reversible error to deny to counsel the right to make fully his offer of what he intends to prove by a witness whose testimony the court has intimated an intention to exclude, although the other side objects that the offer was merely to prove what another witness had already testified to.