 | Francis Buller - 1788 - 388 pages
...Trefpafs, if one whom the Plaintiff def1gned to ' Sid. 441. make Ufe of as a Witnefs be by Miltake made a Defendant, the Court will on Motion give Leave to omit him, and have his Name ftruck out of the Record, even after Iffue joined ; for the Plaintiff can in no Cafe examine a Defendant... | |
 | Charles Viner - 1801 - 484 pages
...4. In trefpafs,- if one whom the plaintiff defined to m;>ke ufe , of as a witnefs be by miltakc mack a defendant, the court will, on motion, give leave to omit him, and have tiis name Itruck out of the record, even after iflue joined : for the plaintiff can in no cafe examine... | |
 | Isaac 'Espinasse - 1812 - 378 pages
...object to be examined." But if a material witnefs for the plaintiff be made by miftake ai Sid. 441. defendant, the Court will, on motion, give leave to omit him, and BulL N- Pl 1^1 ftrike his name out of the record even after iflue joined ; for the plaintiff can in... | |
 | Francis Buller - 1817 - 684 pages
...agaiust the defendant; for if there be, his guilt or innocence must wait the event of the verdict. In trespass, if one whom the plaintiff designed to...motion, give leave to omit him, and have his name struck out of the record, even after issue joined : (Alton. II. 1б~0. 1 Sid. 441.) for the plaintiff... | |
 | Great Britain. Court of King's Bench, Sir Edward Ryan, William Moody - 1827 - 494 pages
...defendants, except the elder Rowland. Scarlett and Brodrick for the prosecution. Gurney for the defendants. will, on motion, give leave to omit him, and have his name struck out of the record, even after issue joined; for the plaintiff can in no case examine a defendant,... | |
 | John Collyer - 1840 - 1016 pages
...tort be committed by several partners, the plaintiff has his election to sue all or any of them (<I). In trespass, if one whom the plaintiff designed to...of as a witness be by mistake made a defendant, the (a) 1 Phil. Ev. 06. (c) Wright v. Court, 2 Car. & Court will, on motion, give leave to omit him, and... | |
 | Simon Greenleaf - 1866 - 756 pages
...Curtis v. Graham, 12 Mart. 28'J; Heckert v. Fegely, o Watts & Serg 833. his own intended witnesses a defendant, the court will, on motion, give leave to omit him, and have his name stricken from the record, even after issue joined.1 In criminal informations, the same object is attained... | |
 | John Collyer - 1878 - 976 pages
...joint tort be committed by several partners, the plaintiff has his election to sue all or any of them. In trespass, if one whom the plaintiff designed to...motion, give leave to omit him, and have his name struck out of the record, even after issue joined; for the plaintiff can in no case examine a defendant,... | |
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In trespass, if one whom the plaintiff designed to make use of as a witness be by mistake made a defendant, the court will, on motion, give leave to omit him, and have his name struck out of the record, even after issue joined... 