Buckley v. Manife
BUCKLEY v. MANIFE & RUNNELS
- Area
- civil
- Panel
- Solomon Heydenfeldt (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Heydenfeldt
Heydenfeldt, Justice, delivered the opinion of the court. Murray, Chief Justice, concurred.
We have heretofore decided, that under the statute a defendant cannot be a witness for his co-defendant, when the defence is general, and would operate in discharge of both. It is now urged, that in the present case but one defendant was upon trial, *443the other not having been served with process in time. But this cannot alter the rule. A verdict upon the issue, which appears on the record in favor of one defendant, would be conclusive in an action against the other.
Judgment affirmed.