The opinion
Mallery, J.
(dissenting) — The majority opinion holds that the statute in question has the extraordinary effect of classifying one of several parties to an action as not being a party to the action providing he will take a nonsuit and file a separate action. He can then, while his action is still pending, qualify as an independent witness in the original suit. The other party or parties in the original action can then testify as independent witnesses in his new action. A multiplicity of suits would thus operate to qualify all of the parties as being the kind of independent witnesses contemplated by the statute.
The appellant failed to produce the independent corroboration required by the statute, the judgment should be affirmed.
I dissent.