Combs v. Black

Citations

• 62 Miss. 831

Syllabus

<p>1. Witness. Suit by firm. Member deceased. Testimony of adverse party.</p> <p>In a suit by a firm, one member of which is dead, the defendant may testify as to transactions affecting the contract sued upon, though the same may have occurred between himself and the deceased co-partner.</p> <p>2. Same. Whether mit by or against estate of decedent.</p> <p>Such suit is not by or against the estate of a deceased person, and hence the adversary party is a competent witness therein in his own behalf. Love v. Stone, 56 Miss. 449, cited, and. MeOutehen v. Rice & Go., 56 Miss. 455, explained.</p>