1 Aik. 73 | Vt. | 1826
The opinion of the Court was delivered by
It appears by the bill of exceptions in this case, that in the account of Josiah Davis, against the plaintiff, was an item of twenty-one dollars, which was alleged to have been delivered and received in part payment of the note now sued. Davis himself was offered as a witness to prove the payment of this sum, and was admitted by the county court, though objected to by the plaintiff. The Court are clearly of opinion,
The judgment of the county court is reversed, without entering upon the other questions presented by the record.