United States v. John A. Burford

United States v. John A. Burford. A defendant in equity is a competent witness upon an indictment against the plaintiff in equity, for perjury in his affidavit made to procure an injunction. ’ Indictment for perjury, in the defendant’s affidavit to a bill in equity for an injunction against Peter Miller. The Attorney for the United States, offered to examine the defendant in equity, Peter Miller, as a witness, to prove the perjury. Mr. Law and Mr. F. S. Key, for the defendant, objected, that the question of injunction being still pending, the defendant in equity was not a competent witness to prove the perjury, and cited Rex. v. Dalby, Peake, N. P. 12; and Rex v. Menetone, 4 East, 576. , [MAJORITY — the Court] But the Court {nem. con.) overruled the objection; because the conviction of Burford could not affect the cause in chancery j the oath of the complainant not being evidence either on a motion to dissolve the injunction after answer, or on the final hearing; but is only required to satisfy the chancellor that there is prima facie ground to order the injunction. •