Bohun v. Collins
New York Supreme Court
On error from the New-York C. P. The action in the court below was trespass against the defendants, for entering the plaintiffs house in the evening, without leave. Collins suffered judgment by default ; and Taylor pleaded the general issue. On the trial of both upon a venire tam quam, the trespass being proved upon both, Taylor offered Collins as a witness for him. It was objected that he was incompetent ; but he was admitted and sworn.
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On error from the New-York C. P. The action in the court below was trespass against the defendants, for entering the plaintiffs house in the evening, without leave. Collins suffered judgment by default ; and Taylor pleaded the general issue. On the trial of both upon a venire tam quam, the trespass being proved upon both, Taylor offered Collins as a witness for him. It was objected that he was incompetent ; but he was admitted and sworn. He was asked as to the motives and inducements the defendants had to enter the house ; and how they came to be admitted. This was objected to, as no special…
1Opinion of the Court
*314 Curia,per
Savage, Chief Justice.
The questions are, 1) as to the competency of Collins, the witness ; and 2, the competency of his testimony, under the pleadings.
A defendant cannot regularly be a witness for co-defendants ; but if no evidence has been produced against him, he is entitled to his discharge, as soon as the plaintiff has closed his case, and may then give evidence for the others. But if there is any evidence against him, however slight, he cannot be discharged before the rest, and the case must go altogether to .the jury. (1 Phil. Ev. 61, 2.)
A case is stated by baron Gilbert, of…
2Cases cited5 opinions
- Wakely v. HartSupreme Court of Pennsylvania · 1814
- People v. BillNew York Supreme Court · 1813
- Stockham v. JonesNew York Supreme Court · 1813
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- Ogden v. LymanSupreme Court of Connecticut · 1802
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- Berry v. St. Louis & S. F. R.U.S. Circuit Court for the District of Arkansas · 1902
- O'Shea v. KirkerThe Superior Court of New York City · 1859
- Scott v. JonesSupreme Court of Alabama · 1843
- Dodge v. AverillNew York Supreme Court · 1849
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