General
Craig's Administratrix v. Reintzel
2 D.C. 1282 Cranch 128·United States Circuit Court of the District of Columbia·1816
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Opinion
Craig’s Administratrix v. Reintzel.
A surely in the administration bond is a competent witness for the administrator, plaintiff.
John Wilson, a surety in the plaintiff’s administration bond, was offered as a witness for the plaintiff.
Mr. Jones and Mr. Wiley, for the defendant,
objected that the witness was interested, because if the plaintiff failed to support the action, she would be liable for costs, and the witness, also, as her surety.
Mr. Key, for the plaintiff.
[MAJORITY — The Court]
The Court
(nem. con.) overruled the objection. If the plaintiff should be liable to costs de bonis propriis, the surety is not liable at all; if de bonis decedenlis, the surety will not be liable until a devastavit shall have been established; and that liability is too contingent and too remote to affect the competency of the witness. Davies v. Davies's Executrix, ante, 105.