Brooks ex rel. McDougall v. McKinney
Illinois Supreme Court
This cause was heard in the court below, before the Hon. William Thomas, at the November term, 1839.' The facts of the case are fully stated in the opinion of the court. The cause was brought to this court by writ of error; and at the last term an opinion was delivered reversing the decision of the court below. A motion was made for a re-hearing, which was granted, and the cause re-argued by J. A. McDougall, for the plaintiff in error.
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This cause was heard in the court below, before the Hon. William Thomas, at the November term, 1839.' The facts of the case are fully stated in the opinion of the court. The cause was brought to this court by writ of error; and at the last term an opinion was delivered reversing the decision of the court below. A motion was made for a re-hearing, which was granted, and the cause re-argued by J. A. McDougall, for the plaintiff in error. He contended that a person substantially a party to the suit, though not nominally a party to the record, cannot be compelled to testify. Greenl. Ev. 398.…
1Dissent
Catón, Justice,
delivered the following dissenting opinion: The only question which I propose to consider is whether the real party to a suit, although his name does not appear on the record, can be compelled to testify against his interest. It was decided by this court, at the last term, (3 Scam. 464,) that a party to the record cannot be compelled to testify, even if he have no objection himself, without the consent of the real party. This rule is established and sustained from considerations of public policy, and it is inflexible. Dangers of, and temptations to perjury, first established…
2Cases cited2 opinions
- Jackson ex dem. Goodrich v. OgdenNew York Supreme Court · 1809
- Lowney v. PerhamSupreme Judicial Court of Maine · 1841