Cheery v. McCorkle

8 Iowa 522

• Court: Supreme Court of Iowa
• Decided: June 11, 1859
• Status: Published

Opinion

"Wright, C. J.

The witness was incompetent. The rule excluding parties from being witnesses, applies to all cases where the party has any interest at stake in the suit, although it be only a liability to costs. Such is the case of a prochein ami, a guardian, an executor or administrator, and so also of trustees, and the officers of corporations, whether public or private, wlyerever they are liable in the first instance for the costs, though they may have a remedy for reimbursement out of the public or trust funds. 1 Greenleaf Ev., sects. 341, 401 and 402; Sears v. Dillingham, 12 Mass., 360 ; Bellamy v. Cains, 3 Rich., 364. The Code has not changed this rule; but, on the contrary, has expressly provided, that though a minor may sue by guardian, such guardian shall be responsible for the costs of the suit. Section 1688.

Judgment affirmed.