Tyler v. Scovel

Supreme Court of Connecticut

Tyler v. Scovel

1 Root 523

DecidedJanuary 15, 1793

StatusPublished

This text of 1 Root 523 (Tyler v. Scovel) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tyler v. Scovel, 1 Root 523 (Colo. 1793).

Pincite

Opinion

Adams and Root, JJ.,

dissented. The admission of a party in interest to testify, is allowable upon the ground of necessity only to prevent a failure of justice. The statute admits the plaintiff to his oath in cases of trespass dona privately, where he is not able to produce any other evidence thereof than to render it highly probable — but never intended to let in the parties to testify, where there was other proof within the knowledge and power of the plaintiff, and he neglected to produce them, or was deprived of the benefit of them by his own fault.

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Adams and Root, JJ.,

dissented. The admission of a party in interest to testify, is allowable upon the ground of necessity only to prevent a failure of justice. The statute admits the plaintiff to his oath in cases of trespass dona privately, where he is not able to produce any other evidence thereof than to render it highly probable — but never intended to let in the parties to testify, where there was other proof within the knowledge and power of the plaintiff, and he neglected to produce them, or was deprived of the benefit of them by his own fault.

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Bluebook (online)

1 Root 523, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tyler-v-scovel-conn-1793.