Legal Opinion

Commonwealth v. McKee's

Supreme Court of Pennsylvania

Decided October 20, 1853Published

Error to the Court of Common Pleas of Butler county. This is a writ of error taken by plaintiffs below in the case immediately preceding, to which reference is made for the facts. On the trial, the defendants, to maintain the issue on their part, offered G-eorge Miller, a co-obligor, and principal in the bond on whiclrthe suit is brought, as a witness; whereupon the plaintiff’s counsel objected, on the ground that he was liable for the costs of this suit, to the surety.

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Error to the Court of Common Pleas of Butler county. This is a writ of error taken by plaintiffs below in the case immediately preceding, to which reference is made for the facts. On the trial, the defendants, to maintain the issue on their part, offered G-eorge Miller, a co-obligor, and principal in the bond on whiclrthe suit is brought, as a witness; whereupon the plaintiff’s counsel objected, on the ground that he was liable for the costs of this suit, to the surety. The court, Agnew, J., overruled the objection, and admitted the witness to testify, which is the error here complained of.

1Opinion of the Court

The opinion of the eourt was delivered October 20,1853, by

Lewis, J.

— One of the errors assigned is, that the principal in the bond on which the action was brought, was admitted as. a witness for the surety. In general, the principal is bound to indemnify the surety from all loss, and is therefore interested in the event of the suit. But in this case it may be that the witness was offered merely to establish an appropriation of payments, which would charge him on the bond for the previous year, as much as it would relieve him on this; his interest in that case would be balanced, were if not…

2Cases cited2 opinions

  1. Riddle v. MossSupreme Court of the United States · 1812
  2. Smith v. ThorneSupreme Court of Pennsylvania · 1839

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