¶1(nem. con.) overruled the objection. If the plaintiff should be liable to costs de bonis propriis, the surety is not liable at all; if de bonis decedenlis, the surety will not be liable until a devastavit shall have been established; and that liability is too contingent and too remote to affect the competency of the witness. Davies v. Davies's Executrix, ante, 105.
2 D.C. 128
Craig's Administratrix v. Reintzel
Decided December 15, 1816
John Wilson, a surety in the plaintiff’s administration bond, was offered as a witness for the plaintiff. objected that the witness was interested, because if the plaintiff failed to support the action, she would be liable for costs, and the witness, also, as her surety.
Decided 1816-12-15