Majority
p. 391TIMONS v. JARVIS et al. Supreme Court. Kent. March, 1796. Bayard’s Notebook, 131.
Bead and Miller for plaintiffs. Bayard for defendants.
As process has issued against the witness
jointly with the defendant, and as he still may be brought in and made to contribute to the damages taxed in this suit, we apprehend he is not competent. Witness rejected.
Court referred to Har., 123, 264.