Conrad v. Keyser

The opinion of the Court was delivered by

Gibson J.

The plaintiff below brought an action of assumpsit against the defendants for boarding the testator, to which the latter pleaded non asssumpserunt, payment, and set-off. At the trial, the defendants having paid into Court all the costs that had accrued, and a further sum equal to all that could accrue, offered Livezy as a witness: he was objected to as being a party and interested, and the Court sustained the objection. The interest arising from his liability for costs, was completely removed by the payment of the costs that had accrued, and…