Canary v. Wallace

We are concerned in this appeal with the question of whether the trial court erred in refusing to permit plaintiff Canary to testify against defendant Wallace, and to call as upon cross-examination the defendant Wallace.

Stated generally, tin issue may be phrased as follows: Where the provisions of R. C. 2317.03 prevent a plaintiff from testifying against a party defendant administratrix, may the plaintiff testify against and call as upon cross-*247examination a co-defendant where the action is one in which the two defendants are subject to joint and several liability?

In forbidding plaintiff to…