Wheeler v. Hatheway

This is scire facias upon a judgment rendered against defendants upon a bond given by James S. P, Hatheway as residuary legatee under the last will of Gilbert Hatheway. The plaintiff is a daughter and legatee of Gilbert Hatheway, and defendant Hatheway is brother of plaintiff. The cause was tried before the court without a jury, and a finding of facts and his conclusions of law therefrom were made and filed by the circuit judge. Both parties have brought the case here by writ of error.

We think the court erred in not permitting defendant’s counsel to inquire fully of plaintiff, on…