Lewis v. . Fort

delivering the opinion of the Court, after stating the case as above:

It must be admitted that if a judgment for or against the defendant would be evidence against Bardin, the principal in the note, in an action against him by the plaintiff, or in an action against him by the defendant for indemnity after payment of a judgment against him, then Bardin would be interested in the result of the action, and would be an incompetent witness at common law, whether the payee of the note was dead or not.

This proposition embraces two distinct and different questions:

First. Would a judgment on the plea…