Matthews v. Dodd

Citations

• 3 Del. Ch. 159

Syllabus

<p>Where the defense to an action at law is a legal defense, it is no ground of equitable interference that the defendant at law desires to examine the plantiffs, and that he fears to call the only witness who can prove the defense, lest he may deny it, and cannot be impeached by the party calling him. The parties may be examined at law under the statute, and a court of equity cannot aid the complainant in the impeachment of the witness.</p>