54 Mass. 131
Massachusetts Supreme Judicial Court
Decided October 15, 1847
Massachusetts Supreme Judicial Court · decided 1847-10-15
Trover for certain tools and implements of trade, which were alleged to be by. law exempted from attachment, but which were attached by Edwin Eaton, a deputy sheriff, one of the defendants, on a writ against the plaintiff, in favor of Stephen M. Holbrook, the other defendant.
Decided 1847-10-15
¶1In tort, where defendants are liable jointly and severally, when one is acquitted, and especially if judgment has been entered on the verdict óf acquittal, he may be examined as a witness for the other defendant, if he is not otherwise incompetent. He is no longer a party to the issue. 1 Greenl. on Ev. § 357. Tait on Ev. 369.
¶2Exceptions overruled.