Johnson v. Bourn

Court of Appeals of Virginia

Johnson v. Bourn

1 Va. 237

Court of Appeals of Virginia·Decided April 15, 1793·Published

Opinion

The President.

The plaintiff, by bringing separate actions, has removed all objection to the testimony of the witness, since the verdict in one suit cannot be given in evidence in the other. The objection, therefore, can only go to the credibility, not to the competency of the witness.

Judgment reversed, verdict set aside, and new trial awarded, with directions to admit the examination of the witness.

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The President.

The plaintiff, by bringing separate actions, has removed all objection to the testimony of the witness, since the verdict in one suit cannot be given in evidence in the other. The objection, therefore, can only go to the credibility, not to the competency of the witness.

Judgment reversed, verdict set aside, and new trial awarded, with directions to admit the examination of the witness.

Johnson v. Bourn, 1 Va. 237 (Va. Ct. App. 1793).

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