Ely v. Forward
Massachusetts Supreme Judicial Court
This action was assumpsit, and was tried at the last April term in this county, before Sedgwick, J. A verdict being found for the plaintiffs, the defendants filed exceptions, on which they moved for a new trial. The exceptions were to the admission of Justin Ely, Esq., as a witness'for the plaintiffs, when his admission was opposed by the defendants.
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This action was assumpsit, and was tried at the last April term in this county, before Sedgwick, J. A verdict being found for the plaintiffs, the defendants filed exceptions, on which they moved for a new trial. The exceptions were to the admission of Justin Ely, Esq., as a witness'for the plaintiffs, when his admission was opposed by the defendants. The witness was examined on the voir dire, and declared generally that he had no interest in the event of the suit; but on his examination it further appeared that he had endorsed the original writ in this case, and continued as endorser until…
1Opinion of the Court
The opinion of the Court was afterwards delivered by
Parsons, C. J.
(after stating the facts from the judge’s report.) The question in this case is, whether the witness was, in fact, interested in the event of this suit.
I will consider the case as if the witness had remained endorser of the original writ. On that writ a judgment has been rendered, which can be reversed, neither in whole nor in part, by the judgment on this writ. That judgment was for the defendants, and if "t be unsatisfied, they may cause it to be executed at their pleasure, or may maintain an action of debt upon it. If, by…
2Cited by7 opinions
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