Alexander v. Crosthwaite
This text of 44 Ill. 359 (Alexander v. Crosthwaite) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
delivered the opinion of the Court:
Alexander and Wilson were sued as copartners. Wilson suffered default. Alexander pleaded in abatement, denying the partnership. Issue was joined on this plea, and on the trial the plaintiff called Wilson as a witness to prove the partnership. Alexander objected, but the court overruled the objection. The precise question involved in this case has been decided by this court in the case of Brown v. Hurd, 41 Ill. 121. It is there held, that a co-defendant sued as a partner, and suffering default, is disqualified by interest from being a witness, as against Ms co-defendant, to prove the partnership, and that he is not' made competent by the act of 1861. The judgment must be reversed and the cause remanded.
Judgment reversed.
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44 Ill. 359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alexander-v-crosthwaite-ill-1867.