Pence v. Armstrong

Indiana Supreme Court

Pence v. Armstrong

13 Ind. 539

DecidedNovember 15, 1859

StatusPublished

This text of 13 Ind. 539 (Pence v. Armstrong) 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.

Bluebook

Pence v. Armstrong, 13 Ind. 539 (Ind. 1859).

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Opinion

Per Curiam.

Suit upon an award. Answer, setting up an offset.

Armstrong called Pence as a witness to prove his, Armstrong’s, account. Pence, then, without being called upon to do so, proceeded to testify as to his own account in offset. Armstrong then offered himself as a witness to the whole case, and was thus admitted, over the objection of Pence. He should have testified to the new matter only, the offset. The point is settled by Thompson v. Shaefer, 9 Ind. R. 500, and Draggoo v. Draggoo, 10 id. 95.

J. W. Sansberry, for the appellant. J. Davis, for the appellee.

The judgment is reversed with costs. Cause remanded, &c.

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Per Curiam.

Suit upon an award. Answer, setting up an offset.

Armstrong called Pence as a witness to prove his, Armstrong’s, account. Pence, then, without being called upon to do so, proceeded to testify as to his own account in offset. Armstrong then offered himself as a witness to the whole case, and was thus admitted, over the objection of Pence. He should have testified to the new matter only, the offset. The point is settled by Thompson v. Shaefer, 9 Ind. R. 500, and Draggoo v. Draggoo, 10 id. 95.

J. W. Sansberry, for the appellant. J. Davis, for the appellee.

The judgment is reversed with costs. Cause remanded, &c.

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Bluebook (online)

13 Ind. 539, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pence-v-armstrong-ind-1859.