Abernathy v. . Skidmore

It is with some reluctance tbat we feel compelled to send this action back for a new trial. Tbe case seems to bave been carefully tried in tbe court below by tbe able and distinguished jurist, who for long years adorned tbe Superior Court bench and has since died.

Plaintiffs’ exception and assignment of error No. 2, — “to tbe exclusion by tbe court below of certain evidence as hereafter appears: Mrs. Ollie Herms, witness for plaintiff.

“Q. Just state what tbat conversation was?

“Objection by defendant, J. M. Skidmore, on the ground tbat this is in purview of C. S., 1795. Counsel states tbat tbe…