Whitmer v. Rucker

Citations

• 71 Ill. 410

Syllabus

<p>1. Witnesses—one defendant on behalf of the other against an executor. Where the plaintiff in a suit on a joint note against two defendants dies, and the suit is revived in the name of his executors, one of the defendants is not a competent witness on behalf of his co-defendant, as to a transaction with the payee in his lifetime, of which the proposed witness and the payee were alone cognizant.</p> <p>2. The intention of the limitation on the rights of parties to testifj- in their own behalf was, to secure mutuality of right in testifying, and that one party to the suit should not testify in a case where the party with whom the contract was made or the transaction was had was dead, or, from any cause, incapacitated to testify.</p>