737

Case No. 7,378.

JOHNSON v. CHAPMAN et al.

[2 Cranch, C. C. 32.]1

Circuit Court, District of Columbia.

Nov. Term, 1811.

TRESPASS—JOINT ACTION—ONE DEFENDANT AS WITNESS FOR OTHER.

In trespass one defendant cannot he a witness for the other, in a joint action, although they plead severally.

Assault and battery. The defendants [Chapman and Alexander] severed in pleading, having been taken at different times.

Mr. Swann, for defendants, offered to examine the defendant, Alexander, as a witness for Chapman, on the authority of the case of Piles v. Plum [Case No. 11,165], decided yesterday.

But THE COURT (THRUSTON, Circuit Judge, absent) refused, saying that the case decided yesterday is not to be considered as authority; the court having since looked into the authorities cited in Lofft's Gilbert, 250.

1 [Reported by Hon. William Cranch, Chief Judge.]

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