Banks v. Bradwell

Fish, C. J., and Evans, P. J.,

specially concurring. We concur in the judgment, and also in the opinion except so much as relates to the ruling upon the competency of the evidence of witnesses delivered at a former trial, but who died since that trial; it appearing that if the witnesses had been living they would have been disqualified from testifying against the estate of a deceased person, on the .ground of interest.