Whitmer v. Rucker

This suit was brought by Rucker, in his lifetime, on two promissory notes, given to him by appellant and Crissey. After the commencement of the suit, plaintiff died, and the suit was revived in the name of appellees, his executors. Appellant, before the trial, asked for-a continuance, that he might procure the evidence of Crissey. the co-maker of the notes, who had been subpensed and had failed to attend as a witness; but the court overruled the motion, and that decision of the court is assigned as error.

Appellant contends that his co-defendant was a competent witness, under the statute. This…