Hunter v. Smith

This case is before us on a bill of exceptions to the opinion of the district court, refusing leave to the defendant to avail himself of his answer to certain interrogatories put him by the plaintiff in a former suit between the parties, which was discontinued.

West'n Dis'ct October, 1826.

The district court in our opinion erred.

The defendant has an undoubted right to avail himself of his own answer to the plaintiff’s interrogatories, and such answer is a legal piece of evidence which may be used by either party. Berthole vs. Mace, 5 Martin, 592.

The legislature has declared that such an answer…