¶1The question was — Whether Baldwin owed Dimoclc; what Dimoclc had said previous to any controversy-was admitted to be given in evidence by the defendant, to prove that he did not owe him; on the ground that the plaintiff stood in DimocFs right: and the'plaintiff was allowed to produce other evidence besides the defendant’s testimony, to prove the indebtedness of the defendant, talcing a distinction between the case in chancery where the petitioner calls upon the respondent to disclose upon oath, and where the law lets a party *139in to testify for tlie benefit of both; one is by the act of the plaintiff, the other by act of law.
1 Root 138
Dewit v. Baldwin
Decided September 15, 1789
Connecticut Superior Court · decided 1789-09-15
<p>A garnishee may give in evidence upon the scire facias, wbat the-absconding- debtor had said, to disprove his owing him. The-plaintiff may introduce other evidence, besides the garnishee, to prove his indebtedness.</p> <p>An issue joined by the parties upon a scire facias against a garnishee,, may be tried by the jury.</p>
Decided 1789-09-15