Wallace v. Mayor of New York

By the court—Daly, J.

The first question in this case is, whether the plaintiff could be examined as a witness in his own behalf in an action against the corporation of the city of New-York. By the 399th section, the examination of a party as a witness on his own behalf is conditional. It can be had *173where 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 this section, a living party, but an artificial body,…