Tobey v. Leonards

Citations

• 69 U.S. 423
• 17 L. Ed. 842
• 2 Wall. 423
• 1864 U.S. LEXIS 439

Syllabus

<p>1. Positive statements in an answer to a bill inequity — tbe answer being responsive to tbe bill — are not to be overcome, except by more testimony than that of one witness; but by such superior testimony they may be overcome; and where, as was tbe fact here, seven witnesses asserted the contrary of what was averred in such answer, the answer will be disregarded.</p> <p>2. A man may lawfully transfer all his interest in property which is about to become the subject of suit, for the purpose of making himself a witness iii such suit; and while his testimony is to be carefully, and, perhaps, suspiciously scrutinized, when contradicting the positive statements made by a defendant in equity responsively to the complainant’s bill, such testimony is still to be judged of by the ordinary rules which govern in the law of evidence, and to be credited or discredited accordingly.</p> <p>8 The introduction of children as witnesses in an angry family quarrel rebuked by the court.'</p>