Can a witness testify to a jury in a civil action under section 1881 of the Code of Civil Procedure?

Such testimony was admissible since the wife was not testifying to a communication made to her by her husband but to an act done by the husband in her sight, and to what she herself had done. The inhibition of section 1881, subdivision 1, of the Code of Civil Procedure is applicable only to communications made by one spouse to the other, not to acts that are performed by one in the presence of the other or to acts that are performed by one spouse. (See People v. Peak, 66 Cal.App.2d 894, 903, 153 P.2d 464.) Therefore the trial court's ruling was correct.

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