Rust v. Bennett

Two questions are made upon this record; one of law and one of fact.

The question of law is whether, in a suit brought in behalf of the estate of a deceased person to which a private corporation is defendant^ it is competent for the corporators to testify in behalf of the corporation to facts which, if true, were equally within the knowledge of the deceased. The 'question arises under the statute *522making parties witnesses generally, with a few exceptions, and which we have had occasion to interpret and apply in several cases. Kimball v. Kimball, 16 Mich., 211; Wright v. Wilson, 17 Mich., 192;…