Dime, Etc., Trust Co., Admr. v. Jones

Appellee filed a claim against the estate of Simon Peters for board and room. There was a trial by the court which resulted in the claim being allowed in the sum of $2,215.

Appellant contends that the decision of the court is contrary to law and not sustained by sufficient evidence because it is based entirely upon evidence that is prohibited by the statute from being introduced. Appellee was a witness in his own behalf, and, without objection, testified to facts sufficient to warrant a finding in his favor. Section 551 Burns 1926, §498 R. S. 1881, provides: “In suits or proceedings in which…