DeFord v. Green
Superior Court of Delaware
This was a scire facias to the May term, 1894, upon a judgment entered September 30, 1854, for the real debt of $3,291.70. A fi. fa. had been issued to the November term, 1854. The pleas were nul tiel record, payment, satisfaction, set-off, act of limitations. 1 Thomas Davis, for the plaintiff, moved for an order upon the defendant to draw out the pleas of payment, satisfaction and release, and that the pleas of set-off and act of limitations be stricken from the record.
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This was a scire facias to the May term, 1894, upon a judgment entered September 30, 1854, for the real debt of $3,291.70. A fi. fa. had been issued to the November term, 1854. The pleas were nul tiel record, payment, satisfaction, set-off, act of limitations. 1 Thomas Davis, for the plaintiff, moved for an order upon the defendant to draw out the pleas of payment, satisfaction and release, and that the pleas of set-off and act of limitations be stricken from the record. The court therefore ordered that the pleas be drawn out. Nields, for the defendant, then drew out and filed the pleas as…
1Opinion of the Court
Per Curiam :
Since the enabling act making parties competent as general witnesses, if you put him on the stand you give him credit.
The testimony of the defendant was, in substance, that he left the State the year the judgment was given and was absent about ten years, returning shortly after the civil war, having been meanwhile a resident of the State of Connecticut. He did not leave immediately after the judgment was given, but thought that it was about a year afterwards.
*319The objection was sustained on the ground that the statute forbids the witness to speak unless called by the other side as…
2Cases cited8 opinions
- Reed v. ReedSupreme Court of Pennsylvania · 1863
- Eby v. Eby's AssigneeSupreme Court of Pennsylvania · 1846
- Arden v. ArdenNew York Court of Chancery · 1814
- Bailey v. JacksonNew York Supreme Court · 1819
- McLellan v. CroftonSupreme Judicial Court of Maine · 1830
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