Lackey v. Holbrook

Shaw, C. J.

In tort, where defendants are liable jointly and severally, when one is acquitted, and especially if judgment has been entered on the verdict óf acquittal, he may be examined as a witness for the other defendant, if he is not otherwise incompetent. He is no longer a party to the issue. 1 Greenl. on Ev. § 357. Tait on Ev. 369.

Exceptions overruled.