Leggett v. Boyd
New York Supreme Court
Tais was an action of assumpsit, tried at the New-York circuit in April, 1828, before the Hon. Ogden Edwards, 0ne of the circuit judges. ° rp, ■ ¿ £ £ lhe action was on a promissory note tor the sum of $*265,67, bearing date the 12th September, 1825, given by the defendant Boyd, a partner of a mercantile house *ra<*mg under the name of Boyd and Frost. Boyd only was taken, and he interposed the defence of infancy.
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Tais was an action of assumpsit, tried at the New-York circuit in April, 1828, before the Hon. Ogden Edwards, 0ne of the circuit judges. ° rp, ■ ¿ £ £ lhe action was on a promissory note tor the sum of $*265,67, bearing date the 12th September, 1825, given by the defendant Boyd, a partner of a mercantile house *ra<*mg under the name of Boyd and Frost. Boyd only was taken, and he interposed the defence of infancy. The mother °*' **le defendant was offered as a witness to prove his infancy. She was objected to as incompetent because her husband was special bail in the cause. The defendant…
1Opinion of the Court
By the Court,
Marcy. J.
It is well settled that special bail are so far interested that they cannot be examined as witnesses for a defendant. If in this case the defendant’s father was an incompetent witness by reason of his being special bail, his mother was in. like manner interested. Where the husband is disqualified by reason of his interest, the wife is also incompetent. (1 Ld. Raym. 744. 2 Str. 1095.)
After the trial of a cause has been commenced, it is entirely in the discretion.of the court to delay until a party can pro*379cure the attendance of a witness who is casually and unexpectedly…
2Cited by22 opinions
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- State v. MillerSupreme Court of Kansas · 1905
- Clapp v. WilsonNew York Supreme Court · 1848
- Kellogg v. KelloggNew York Supreme Court · 1849
- Taylor v. CommonwealthSupreme Court of Virginia · 1883
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