26 Mo. 264 | Mo. | 1858
delivered the opinion of the court.
It is not easy to perceive any principle which makes the acts or declarations of Smith evidence for Thornton, the administrator of Huffaker. If two are jointly sued, where is the rule which allows the acts or declarations of one to affect the other before there is first established some privity between them by contract, by crime, or in law. So far from any thing like that being the case here, the declarations of one party to the suit are offered to show that there was no such relation
Thus much as to Smith’s acts and declarations as evidence for his co-defendant; now as to the acts of Huifaker. Smith