Legal Opinion

Dewit v. Baldwin

Connecticut Superior Court

Decided September 15, 1789PublishedCited by 4 opinions

Scire Pacías against Baldwin as debtor to one Dimoclc, an absent absconding debtor. Issue 'was closed to the jury. Question was put to the court, whether such a cause might be tried by the jury. By the court it may.

1Opinion of the Court

The question was — Whether Baldwin owed Dimoclc; what Dimoclc had said previous to any controversy-was admitted to be given in evidence by the defendant, to prove that he did not owe him; on the ground that the plaintiff stood in DimocFs right: and the'plaintiff was allowed to produce other evidence besides the defendant’s testimony, to prove the indebtedness of the defendant, talcing a distinction between the case in chancery where the petitioner calls upon the respondent to disclose upon oath, and where the law lets a party *139in to testify for tlie benefit of both; one is by the act of the…

2Cited by4 opinions

  1. Harris v. Phœnix InsuranceSupreme Court of Connecticut · 1868
  2. Firemen's Fund Insurance v. SimsSupreme Court of Georgia · 1902
  3. Enos v. TuttleSupreme Court of Connecticut · 1820
  4. Thompson v. StewartSupreme Court of Connecticut · 1819

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