Standefer v. Welby
Mississippi Supreme Court
In error from the circuit court of Itawamba county; Hon. Hugh R. Miller, judge. The opinion contains the facts of the case. A witness whose debt would be extinguished by a recovery in the suit, is an incompetent witness for the plaintiff. Richardson v. Bartlett, 2 B. Mon. 328. If the testimony of the witness produced by the plaintiff would discharge the witness from the plaintiff’s demand by establishing it against the defendant, his testimony will not be received.
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In error from the circuit court of Itawamba county; Hon. Hugh R. Miller, judge. The opinion contains the facts of the case. A witness whose debt would be extinguished by a recovery in the suit, is an incompetent witness for the plaintiff. Richardson v. Bartlett, 2 B. Mon. 328. If the testimony of the witness produced by the plaintiff would discharge the witness from the plaintiff’s demand by establishing it against the defendant, his testimony will not be received. Einerton v. Andreios, 4 Mass. 653; Leiper v. Gewen, 8 Ala. 326. A witness, who is liable to an action by the party'for whom he is…
1Opinion of the CourtJustice Fisheh
The defendant in error recovered a judgment against Joel A. Cayce and another, in the circuit court of Itawamba county.
Standefer, the plaintiff in error, was summoned to answer as a garnishee in what sum he was indebted to the defendants in this judgment.
The garnishee having answered, denying his indebtedness, his answer was contested; and upon .the trial of this issue, Cayce, the defendant in the judgment, being introduced by the plaintiff below as a witness, was objected to by the garnishee, on the score of interest, which objection the court overruled, and permitted the witness to testify.
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2Cited by1 opinion
- Cantrell v. LetwingerMississippi Supreme Court · 1870