Potter v. Inhabitants of Ware
Massachusetts Supreme Judicial Court
On the trial of this action, which took place in the court of common pleas, before Wells, C. J., the attorney who made the writ, and who was also actively engaged in the trial, as one of the counsel for the plaintiff, and opened the cause to the jury, was called by the plaintiff as a witness, and was allowed to testify as such, against the objection of the defendants. The plaintiff having obtained a verdict, the defendants excepted.
1Opinion of the CourtMetcalf, J.
The only question that has been argued in this case is, whether the plaintiff’s attorney, who acted as counsel at the trial, was a competent witness for his client; and we know of no common law authority for excluding his testimony, besides the two very recent decisions in the English bail court, which were cited by the counsel for the defendants. By what authority the judges, sitting in that court, made those decisions, we do not know; whether by virtue of the rules which the judges of the three chief courts of law in England are empowered, by recent statutes, to make for the uniform…
2Cases cited6 opinions
- Robinson v. DauchyNew York Supreme Court · 1848
- Jones v. SavageNew York Supreme Court · 1831
- Newman v. BradleySupreme Court of the United States · 1788
- Chaffee v. ThomasNew York Supreme Court · 1827
- Brandigee v. HaleNew York Supreme Court · 1816
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- United States v. Harvey Birdman, United States of America v. William RichmanCourt of Appeals for the Third Circuit · 1979