Beard v. Cowman's

The general court affirmed the judgment of the county court, and gave for reasons, that the executor plaintiff could not release so as to become a witness, for he could . . not discharge himself from his liability to pay costs; , , . .... , , that if he was a competent witness, his evidence could not support the action under the count in the declaration, because the plaintiff had not declared upon a promise made by the defendant to himself as executor.