Easterly v. Bassignano & Larco

Citations

• 20 Cal. 489
• 1862 Cal. LEXIS 66

Syllabus

<p>Where in an action against two defendants for an alleged indebtedness, plaintiff seeks, against tbe separate denial of one of them, to establish their joint liability by showing a partnership between them, one of the defendants is not a competent witness for plaintiff to prove the fact of partnership against his codefendant.</p> <p>Where the joint interest is established or admitted, the testimony of one defendant, the same as his admissions, maybe used against his codefendant; but this cannot be done where the fact of the joint interest is the point in controversy.</p> <p>The provision of section four hundred and eighteen of the Practice Act, authorizing the examination of parties, was not intended as an exception to the general statutory rule which declares all persons incompetent who have a direct and immediate interest in the event of the action.</p> <p>It is the interest of the witness, and not his position upon the record, that controls his competency.</p> <p>Washburn v. Alden (5 Cal. 463) affirmed.</p>