John Marshall Harlan

“ Among those who are disqualified by the statutes of Utah from being witnesses are 'parties or assignors of parties to an action or proceeding, or persons in whose behalf an action or proceeding is prosecuted, against an executor or administrator upon a claim or demand against the estate of a deceased person, as to any matter of fact occurring before the death of such deceased person, and equally within the knowledge of both the witness and the deceased person.' 2 Comp. ”

“ The supreme court of the territory held that the suit was barred upon the grounds both of laches and of the statute of limitations of Utah. The undisputed facts make a case of such gross laches upon the part of Whitney as to forfeit all right to the aid of a court of equity. Equity will sometimes refuse relief where a shorter time than that prescribed by the statute of Iimitations has elapsed without suit. ”

“ This action of the court is assigned for error. But as the deposition was not made a part of, and is not in, the record, we cannot say that its exclusion was prejudicial to the rights of the plaintiff. Amend. Rule 21, 14 Wall. xii. ”