Monongahela National Bank v. Jacobus

Citations

• 109 U.S. 275
• 3 S. Ct. 219
• 27 L. Ed. 935
• 1883 U.S. LEXIS 971

Syllabus

<p>Executor and Administrate? — Statutes—Witness.</p> <p>A creditor of A obtained judgment against Mm. He levied on capital stock in a corporation claimed by B under an assignment from A, and in the original suit summoned B as garnishee of A to answer. Pending these proceedings A died, and Ms admimstrator was substituted as defendant. B and the administrator were offered as witnesses on B’s behalf in regard to the transactions at the time of the assignment: Held,, That each was a competent witness on Ms own motion, notwithstanding the proviso in § 858 Rev. Stat., “ That in actions by or against executors, administrators, or guardians in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other as to any transaction with or statement by the testator, intestate, or ward unless called to testify thereto by the opposite party or required to testify thereto by the court.”</p>