Cooper v. Sisters of Providence of St. Mary's of the Woods
This text of 16 Ind. 164 (Cooper v. Sisters of Providence of St. Mary's of the Woods) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This case is brought here on a reserved question; that is, whether a person offered as a witness, was competent to prove the plaintiff’s account. The witness was admitted to be one of the corporators named in the act of incorporation. ' It was not shown that she had any special interest, other than that of a corporator generally. It was objected that the witness, though not named as such, was one of the plaintiffs.
The facts shown here do not distinguish this case from that of any other stockholder or member of a corporation. So far as she was shown to have had an interest it went to her credibility, (2 R. S., § 238, p. 80,) not to her competency as a witness. .5 Ind. 544.
The judgment is affirmed, with 5 per cent, damages and costs.
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16 Ind. 164, 1861 Ind. LEXIS 61, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cooper-v-sisters-of-providence-of-st-marys-of-the-woods-ind-1861.