Hutchings v. Corgan

Citations

• 59 Ill. 70

Syllabus

<p>Evidence—proving testimony of deceased witness on formes’ ts-ial—act of 1867. In an action on a promissoiy note, against the administrator of the maker, on which the same party had previously brought suit against the maker in his life time, the latter testifying therein in his oivn behalf in relation to the note, but-the former took a non-suit, the defendant offered to prove by atvitness who was a juror on the trial of the former suit, and who stated that he remembered t-lie testimony of deceased at that time, Avhat the deceased testified to in relation to the note, and how his signature thereto was obtained: JETild, the evidence, being material to the issue, Avas competent as falling within the general rule that the testimony of a deceased witness, on the same subject matter between the same parties, may be given on a second trial by any one who remembers it, whether the testimony Avas reduced to Avriting or not. Although the action was against an administrator, there is nothing in the act of 1867 that renders such testimony incompetent.</p>