Shotwell & Shotwell v. Morris & Decamp

1 N.J.L. 224

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 mouth of the’principal himself to make it. In the case before us he did not object to answer the question, and the court below were wrong in rejecting the testimony. Juro* ment must be reversed,