Shotwell & Shotwell v. Morris & Decamp

Supreme Court of New Jersey

Shotwell & Shotwell v. Morris & Decamp

1 N.J.L. 259

DecidedMay 15, 1794

StatusPublished

This text of 1 N.J.L. 259 (Shotwell & Shotwell v. Morris & Decamp) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Shotwell & Shotwell v. Morris & Decamp, 1 N.J.L. 259 (N.J. 1794).

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Opinion

Kinsey, C. J.

The law is, that bail cannot be evidence for his principal, and is not compellable to give testimony against him. In the latter case, if he is called he may refuse; the objection, however, must come from him, and it does not lie in the [260]*260mouth of the principal himself to make it. In (he case before us he did not object to answer the question, and the court below were wrong in rejecting the testimony.

Judgment must be reversed.

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Kinsey, C. J.

The law is, that bail cannot be evidence for his principal, and is not compellable to give testimony against him. In the latter case, if he is called he may refuse; the objection, however, must come from him, and it does not lie in the [260]*260mouth of the principal himself to make it. In (he case before us he did not object to answer the question, and the court below were wrong in rejecting the testimony.

Judgment must be reversed.

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Bluebook (online)

1 N.J.L. 259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shotwell-shotwell-v-morris-decamp-nj-1794.