TIMONS v. JARVIS, 1 Del. Cas. 391 (1796)

Bayard’s Notebook, 131

Supreme Court of Delaware, Kent County.
March, 1796.

One Joseph Jarvis was offered as a witness for defendants. Plaintiff’s counsel objected to him on the ground that he was named in the writ which had issued in the cause, though not taken, and that he was also mentioned in the simul cum in the declaration; cited Bull.N.P. 20. Defendant’s counsel relied on the rule that joint trespassers were witnesses for each other.

[PER] CURIAM.

AS process has issued against the witness jointly with the defendant, and as he still may be brought in and made to contribute to the damages taxed in this suit, we apprehend he is not competent. Witness rejected.

Court referred to Har., 123, 264.

Read and Miller for plaintiffs. Bayard for defendants.