Andrews v. Thompson

Headnote

The attorney and counsel of one of the parties to a suit, is not a competent witness for him, although he has since, hy leave of the Court, withdrawn from the suit, and is no longer connected with the case as

counsel for the party, as to any fact which came to his knowledge during that connection.

Rule to show cause, wherefore the report and award of referees in an action referred out of Court, wherein James W. Thompson was plaintiff and John W. Andrews was defendant, should not be set aside.

On" the hearing of the rule, the counsel for the plaintiff called as a witness, and proposed to examine for the purpose of invalidating the report, Leonard E..Wales, Esq., who had been of counsel and attorney for the plaintiff in the rule, at the time of the reference of the suit out of Court, and on the trial of it before the referees, but who had afterwards, by leave of the Court, withdrawn from the case. Objected to by the counsel for the defendant as "an incompetent witness, upon the ground that he had previously been of counsel and attorney for the party in the case on whose behalf he was now called.

On the other side it was insisted, that the witnéss no.. longer having any connection with the case as counsel, there was nothing on the score of sound policy or in the practice of the Court to exclude his testimony.