Leavitt v. Steenbergen
New York Supreme Court
In Equity. Petition by the plaintiffs for leave to dismiss their bill as to the plaintiff Machir, upon the grounds that his demand, as a judgment creditor of the defendant Steenbergen, had, since the commencement of the suit, been settled and paid, and that he had no further interest in the prosecution of the suit; and that he was a material witness for the other plaintiffs. The bill was filed by the judgment creditors of Steenber-gen, to vacate a sale of his property.
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In Equity. Petition by the plaintiffs for leave to dismiss their bill as to the plaintiff Machir, upon the grounds that his demand, as a judgment creditor of the defendant Steenbergen, had, since the commencement of the suit, been settled and paid, and that he had no further interest in the prosecution of the suit; and that he was a material witness for the other plaintiffs. The bill was filed by the judgment creditors of Steenber-gen, to vacate a sale of his property. The petition stated that the other plaintiffs were abundantly responsible for all the costs which might be decreed in favor…
1Opinion of the CourtPaige, J.
A party complainant cannot be a witness against the defendants, either in behalf of himself or of his co-complainants. A complainant who may be liable for costs if he does not succeed in establishing the claim set up in the bill, is not a competent witness to prove the facts necessary to sustain the suit, although he has no personal interest in the subject matter of the litigation. In certain cases a defen *156dant is permitted to examine a mere nominal complainant, with his assent, against the real plaintiff. (Eckford v. DeKay, 6 Paige, 568, 9. 1 Jacob, 577.) But in- no case can a defendant…
2Cases cited3 opinions
- Supervisors of Chenango v. BirdsallNew York Supreme Court · 1830
- Norton v. WoodsNew York Court of Chancery · 1835
- Eckford v. De KayNew York Court of Chancery · 1837
3Cited by2 opinions
- Campbell v. . SeamanNew York Court of Appeals · 1876
- State ex rel. Horskottle v. Board of HealthMissouri Court of Appeals · 1884