Majority
p. 1052Lucy Copous, Exrx., etc., v. C. H. Kauffman et al.
Headnote
Witness—After bill dismissed defendant cannot be examined as party—Creditors’ Mil— Wife of defendant cannot be examined as witness to discover husband's prroperty.A Thompson for complainant.
C. Edwards for defendants.
The chancellor decided that after a bill had been dismissed as to a defendant, the court has no jurisdiction over him to order him to be examined as a party to the suit; that on a creditors’ bill the wife of tbe judgment debtor cau-not be compelled to submit to an examination as a witness for the purpose of obtaining a discovery of her husband’s property. Order of i the vice-chancellor reversed. Costs of guardian ad litem to be costs in the cause.