Cole v. Gardner ( 1890 )

Campbell, J.,

delivered the opinion of the court.

The defendant, if incompetent as a witness to testify fully, was certainly competent to lay the foundation for evidence of the contents of the receipt alleged to have been lost. Harper v. Lacey, 62 Miss. 5.

But he was competent as a witness to testify to his defense. Love v. Stone, 56 Miss. 449; Combs v. Black, 62 Ib. 831.

Reversed and remanded.