Todd v. Luckett
Court of Appeals of Kentucky
Case SI. APPEAL FROM FRANKLIN CIRCUIT. The only question is, whether the court erred in refusing to permit Dabney Todd to be examined asa witness? He was a competent witness for the plaintiff according to the Code of Practice, sec. 670. It was argued in the circuit court, that the witness was interested in making Luckett a partner, and thereby lessening his own responsibility; but there is no weight in that objection.
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Case SI. APPEAL FROM FRANKLIN CIRCUIT. The only question is, whether the court erred in refusing to permit Dabney Todd to be examined asa witness? He was a competent witness for the plaintiff according to the Code of Practice, sec. 670. It was argued in the circuit court, that the witness was interested in making Luckett a partner, and thereby lessening his own responsibility; but there is no weight in that objection. The record in this case could not be used in any controversy between Luckett and Dabney Todd. If it were the interest of the latter to establish a partnership he would have to…
1Opinion of the Court
Judge SnirsoN
delivered the opinion of the court.
This ' was an action brought by the appellant against Luckett and Todd to recovermoney which he alledged he had paid for them as surety. A judgment by default was rendered against the defendant Todd, and the other defendant filed an answer, in *128which he denied that the plaintiff was his surety, or that the debt which he had paid was his debt, or that he was liable for it. On the trial of the issue thus made up between the parties, the plaintiff offered the defendant Todd as a witness, who was rejected by the court as incompetent. His…
2Cases cited3 opinions
- Higgins v. Morrison'sCourt of Appeals of Kentucky · 1836
- Millar v. FieldCourt of Appeals of Kentucky · 1820
- Offutt v. TwymanCourt of Appeals of Kentucky · 1839