18 A. 652 | N.H. | 1889
Before the statute of 1857, permitting parties to actions to testify, except where the adverse party is an administrator or guardian not electing and refusing to testify, books of account were made evidence by the suppletory oath of the party, and in case of his death by the oath of his administrator. Dodge v. Morse,
The defendant's request for leave to call the plaintiff and inquire of her, against objection, whether the deceased did not employ a clerk in his store, was an attempt to compel the plaintiff, an administratrix, to testify against her will, and was properly refused. Whether any witness should be recalled is a question to be determined at the trial term, and there was no error of law in denying the request.
Exceptions overruled.
BLODGETT, J., did not sit: the others concurred.