Langley v. Dodsworth

Citations

• 81 Ill. 86

Syllabus

<p>. 1. Witness—party as .against executor. In a suit by an executor upon a promissory note to the testator, the principal maker is not a competent witness for a surety, to prove a contract with the testator for extending the time of payment, even though his default has been taken.</p> <p>2. Same-^pctriy in general against executor. The statute allowing a party to be a witness, intends that it shall be only in cases where both parties are upon equal grounds, and it does not apply when one of the parties is a representative of a deceased person.</p>