Brooks ex rel. McDougall v. McKinney

Citations

• 5 Scam. 309

Syllabus

<p>Error to Morgan.</p> <p>1. Continuance. — discretionary. It cannot be assigned for error that the court granted a continuance in a cause.</p> <p>2. Witness — party after adjudication. Where an action ex contractu is instituted against several, and one of the defendants sets up a defence personal to himself, and judgment is thereupon rendered in his favor, the cause as to him is adjudicated, and he is not incompetent as a witness, by reason of his having been a party to the action,</p> <p>3. Same — compulsion of party in interest. If a party in interest is not also a party to the record in a suit, he may, at the instance of the opposite party, be compelled to testify as a witness against his own interest; provided his answers do not subject him to a criminal prosecution, or to a penalty or forfeiture. (a) </p>