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12 Ill. App. 254

Hamilton v. Busby

Appellate Court of Illinois

Decided January 16, 1883

Appellate Court of Illinois · decided 1883-01-16

<p>Practice. — This case is reversed under rule thirty, as no brief was filed by appellee. The court is of opinion that it was error to permit appellee to testify to the payment to Hart in his lifetime of the judgment sued on.</p>

Decided 1883-01-16

Per Curiam.

¶1This case is reversed under rule thirty for want of briefs by appellee.

¶2After looking into the record we are of opinion the court erred in permitting appellee Busby to testify to the payment of the judgment sued on to John Hart in his lifetime. Pie was not competent as a witness to testify to these facts. But we are of opinion that he was a competent witness upon the issue formed upon the plea in abatement traversing the affidavit upon which the attachment issued.

¶3Reversed and remanded.

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