Butler v. Warren
New York Supreme Court
THIS was an action of trespass de bonis asportatis. The defendant pleaded the general issue, with notice of special matter in justification.
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THIS was an action of trespass de bonis asportatis. The defendant pleaded the general issue, with notice of special matter in justification. The cause was tried at the Steuben circuit, t into ill June, I Blue At the trial, the plaintiff offered Thomas Lusk, as a witness, to prove the service of a notice on the defendant to produce at the trial, the warrant or execution issued by the defendant, as president of a court-martial, by virtue of which the property in question was taken. The defendant’s counsel objected to the witness as incompetent, on the ground that he had indemnified , „ , . . ,…
1Per curiam
Without touching other points in the case, there was an error in the admission of Thomas Lush as a witness for the plaintiff, after the fact was conceded that he had given a bond of indemnity to the plaintiff against the costs of the suit. He was then directly interested in the event of the suit, and was an incompetent witness for the plaintiff on any point arising on the trial of the eause. In proving the service of notice, he swore under the influence of interest, for the proof of that fact might have been essential to the plaintiff’s success. The rule is stubborn and inflexible, that if a…
2Cited by4 opinions
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