Carne v. Litchfield

By the Court, Whipple, J.

- From an examination of the record, it appeal's that Came sued Litchfield in the County Court, to recover damages for an alleged assault and for false imprisonment. Upon the trial the plaintiff called the defendant as a witness, under the provisions of section 102, chapter 102, of the revised statutes. The defendant objected to being sworn as such witness, on the ground that the provision above referred to, applied exclusively to actions ex contractu. The objection was overruled by the Court, and Litchfield was sworn, and testified in the cause. Dining his…