2 Tyl. 401 | Vt. | 1803
Opinion of the Court.
The Court consider that there is a wide distinction between the interest which will disqualify a Juror and a witness. It is no disqualification in a witness, that he has a partiality for a party. Witnesses are often admitted to testify ex necessitate rei, and are often discharged of a direct interest by act of the party in open Court; and when admitted, the credit which shall be given to their testimony is weighed by the Jury, who make due allowance for all such partialities as are not sufficient to render them incompetent to testify. But no occasion can occur to render it necessary for one Juror to set on the panel in preference to another, and a Juror hav
As to the second point, the Court are clear, under the decision of Pearl v. Allen, that concessions made by parties during trial, and not attached to the record, cannot bind at any future trial.
The challenge prevailed.