Busby v. John D. Scott & Co.

Citations

• 29 Tex. 196

Syllabus

<p>The 81st section of the act to regulate proceedings in the district court reads as follows: “Both parties shall he considered as having a joint interest to [in?] all depositions, when cross-interrogatories have been filed and answered, and either party'shall have the right to use such depositions on the trial.” (Paschal’s Dig., Art. 3740, Note 850.) The court waived a decision upon the point, as to whether the facts confessed do not preclude evidence to contradict such facts.</p> <p>Where the suit is against the maker, and the issue is as to the sufficiency of the consideration, the indorser is' not a competent witness against his co-defendant, the maker, because of his interest. (Paschal’s Dig., Art. 4785, Note 1071.)</p> <p>The 3d section of the act of 15th February, 1858, further to regulate proceedings in the district court, which allowed the examination of opposing parties as witnesses, was intended to remove the incompetency of a party to the suit to testify; but it left the objections, on account of interest, &c., unaffected. (Paschal’s Dig., Art. 3754, Note 857.)</p>