Daw v. Vreeland

The Chancellor.

The right of the complainant to call and examine the defendant, Adrian Vreeland, who is sued in a representative capacity, as a witness for him, is denied by the defendants. The act “ concerning evidence” (Rev. p. 378) provides that, in all civil actions, in any court of record in this state, the parties thereto shall be admitted to be sworn and give evidence therein when called as witnesses by the adverse party in such action, but that no party shall be sworn in any case where the opposite party is prohibited by any legal disability from being sworn as a witness, or either of…