Rosenbaum v. Hernberg

Citations

• 17 Cal. 602

Syllabus

<p>In an action against defendants for damages, for conspiring together to defraud plaintiffs of certain goods—the conspiracy being successfully carried out by defendants obtaining and disposing of the goods—H., one of the defendants, made a voluntary appearance but interposed no defense. The other defendants answered and contested the case : Held, that H. was a competent witness for plaintiffs under our statute; and probably so at common law, especially as he did not object to testifying.</p> <p>Under our statute the plaintiff may call as a witness any one of the adverse parties to the action, where there are several and they are sued as joint tort-feasors. He is not bound to call all if he call one.</p>