Alderman v. Tirrell

8 Johns. 418

Opinion

Per Curiam.

There were several errors in this case. 1. The defendant ought to have appeared by guardian. (3 Johns. Rep. 129.)

2. His father ought to have been permitted to plead for him, as the law, forbidding that privilege, had been repealed, on the 5th of the sam.e month.

3. The father was a competent witness ; for the s'on had no suit over against him, as a co-trespasser ; nor for obeying his illegal order. The objection only went to Mis credit.,

Judgment reversed.