
    Cheery, Guardian, v. McCorkle.
    The rule excluding parties from being witnesses, applies to all cases where the party has any interest at stake in the suit, although it be only a liability to costs ; and this rule has not been changed by the Code.
    
      Appeal from the Lee District Court.
    
    Saturday, June 11.
    Cherry, as guardian of Samuel Anderson, claimed one hundred dollars, “ as a balance due on a note, which was given up by plaintiff to defendant, through mistake, upon agreement that if the mistake existed, it should be rectified.” On the trial in the district court, the plaintiff, Cherry, was offered, as a general witness, to prove the cause of action. Defendant objected, the objection was sustained, and judgment being rendered against plaintiff, he appeals.
    
      F. Semple, for the appellant.
    
      J. M. Beeh, for the appellee.
   "Wright, C. J.

The witness was incompetent. The rule excluding parties from being witnesses, applies to all cases where the party has any interest at stake in the suit, although it be only a liability to costs. Such is the case of a prochein ami, a guardian, an executor or administrator, and so also of trustees, and the officers of corporations, whether public or private, wlyerever they are liable in the first instance for the costs, though they may have a remedy for reimbursement out of the public or trust funds. 1 Greenleaf Ev., sects. 341, 401 and 402; Sears v. Dillingham, 12 Mass., 360 ; Bellamy v. Cains, 3 Rich., 364. The Code has not changed this rule; but, on the contrary, has expressly provided, that though a minor may sue by guardian, such guardian shall be responsible for the costs of the suit. Section 1688.

Judgment affirmed.  