Dehuff v. Turbett
Supreme Court of Pennsylvania
Debt on bond. Plea, payment with leave, &c. Turbett was surety in the obligation for John Wilkes Kittera, esq. conditioned for the payment of 179I. 9s. iod. on the 1st May 1795, with interest. Four years interest were indorsed, paid on the bond, by Mr. Kittera, who had afterwards taken the benefit of the acts of insolvency.
Read the full summary
Debt on bond. Plea, payment with leave, &c. Turbett was surety in the obligation for John Wilkes Kittera, esq. conditioned for the payment of 179I. 9s. iod. on the 1st May 1795, with interest. Four years interest were indorsed, paid on the bond, by Mr. Kittera, who had afterwards taken the benefit of the acts of insolvency. It was proposed to examine John Moore, one of the defendants, to prove that he had demanded of the plaintiff to put the bond in suit against Kittera, in the month of October 1797. The plaintiff relied on the objection against him, that he was a party to the suit,…
1Opinion of the Court
By the Court.
We are bound to follow precedents. The general rule clearly is, that no party can be a witness in the cause. Some few exceptions occur in the books grounded either on the necessity of the case, or when a person is arbitrarily made a defendant, and no evidence given against him. 12 Vin. 26. 1 Vern. 308. 1 Sid. 237. Skin. 673. 2 Haw. 432. In Field v. Biddle, this matter was determined on solemn argument, and we see no occasion to alter that resolution. No necessity can be pretended here; the measure was devised by the executors; against them the suit must necessarily be brought. We…
2Cases cited1 opinion
- Green v. JanionHawaii Supreme Court · 1861
3Cited by7 opinions
- Warner v. BeardsleyCourt for the Trial of Impeachments and Correction of Errors · 1831
- Harris v. NewellWisconsin Supreme Court · 1877
- Conrad v. KeyserSupreme Court of Pennsylvania · 1819
- Crane v. NewellMassachusetts Supreme Judicial Court · 1824
- Hunt v. BridghamMassachusetts Supreme Judicial Court · 1824
2 more not listed; retrieve them via the Exa API.