Smith v. Southwest Feed Yards

OPINION

DOGGETT, Justice.

We consider whether an individual should be barred from testifying as a fact witness in his own defense because he in*90completely answered an adversary’s interrogatory seeking discovery of potential witnesses. Under the circumstances of this case, we hold that his testimony should not be excluded.

Southwest Feed Yards, Ltd. sued Arnold T. Smith to recover upon an open account for custom feeding of his cattle. Smith personally answered interrogatories propounded to him by Southwest but failed to include his own name in response to one of these seeking disclosure of…