Wise v. Bowen

Wise v. Bowen. The defendant in replevin, who justifies under an execution directed to him as a constable, if indemnified by the plaintiff, in the execution, and having no other interest than the possibility of receiving commissions and fees upon an execution which may be issued again in the same cause, is a competent witness for the defendant. Replevin. The defendant pleads property in one Bellmyer, and justifies the taking, as constable, under an execution, to him directed, in the cause of Holtzman v. Bellmyer. Holtzman, the real defendant, had indemnified the defendant Bowen, who, upon voir dire, stated that he was indemnified by Holtzman, and did not think himself interested, unless to the amount of his fees on an execution which might be issued in the ease of Holtzman v. Bellmyer, in case the property should be found to be in Bellmyer. [MAJORITY — The Court] The Court (Cranch, C. J., doubting,) thought this interest too remote, and permitted the defendant to be sworn as a witness.