4 Hill & Den. 549
Court for the Trial of Impeachments and Correction of Errors
Decided February 15, 1843
Court for the Trial of Impeachments and Correction of Errors · decided 1843-02-15
Motion to set aside inquest and subsequent proceedings. Mills sued Wells, N. P. Lee and W. M. Lee on a promissory note. Wells and N. P. Lee pleaded non-assumpsit, and the latter gave notice of his discharge as a bankrupt since the making of the note. W. M. Lee suffered default to be entered against him for want of a plea.
Decided 1843-02-15
¶1By the Court,
¶2The judge was clearly right in refusing to postpone the cause. There can be no doubt that, in actions ex contractu, a verdict in favor of one of several defendants, though'on the ground of bankruptcy, will not render him a competent witness for his co-defendant. (3 Hill, 106, 7, note, and the cases there cited.)