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Monongahela National Bank v. Jacobus, 109 U.S. 275 (1883)

Monongahela National Bank v. Jacobus

Submitted October 28, 1883

Decided October 19, 1883

109 U.S. 275


A creditor of A obtained judgment against him. He levied on capital stock in a corporation claimed by B under an assignment from A, and in the original suit summoned B as garnishee of A to answer. Pending these proceedings, A died, and his administrator was substituted as defendant. B and the administrator were offered as witnesses on B's behalf in regard to the transactions at the time of the assignment. Held that each was a competent witness on his own motion, notwithstanding the proviso in § 858 Rev.Stat.,

"That in actions by or against executors, administrators, or guardians in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other as to any transaction with or statement by the testator, intestate, or ward unless called to testify thereto by the opposite party or required to testify thereto by the court."

Proceedings subsequent to judgment against a person as garnishee, who claimed title to property taken on execution as the defendant's property. The facts are stated in the opinion of the Court.

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