Pinchback v. Killian

Decided May 15, 1856

Court of Appeals of South Carolina · decided 1856-05-15

<p>D. P. made an assignment for the benefit of his creditors: — Held, in an action brought in his name for the assignee, that he, D. P., consenting to be sworn, was a competent witness for the defendant.</p>

Decided 1856-05-15

¶1The opinion of the Court was delivered by

O’Neall, J.

¶2In this case, we do not perceive from anything which is before us, that the plaintiff has any interest in favor of the defendant and against his other creditors. He seems to us to stand equally between them.

¶3 *415The only question is, can he, if consenting, be sworn for the defendant ? The case of Corrie vs. Calder & Milner, 6 Rich. 198, answers that he can. I can add nothing to the reasoning of that case, and therefore I do not attempt it.

¶4The motion is granted.

Wardlaw, Withers, Whither and Munro, JJ., concurred.

¶5 Motion granted.