Wallace v. Mayor

By the Court.*—Daly, F. J.

The first question in this case is, whether the plaintiff conld be examined as witnessdy, his own behalf, in an action against the corporation of the city NewYork. By section 399 of the Code, the examination of a party as a witness on his own behalf, is conditional. It can be had where the adverse party, or person in interest, is living, unless the opposite party is the assignee, administrator, executor, or legal representative of a deceased person. It is objected that the defendants here are not, within the meaning of the section, a living party, but an artificial…