Shields v. Arnold

HELD, that one party has a right to demur to the evidence of the other, although it be parol; and-that Ms adversary is bound to join in demurrer (1).

The leading case on this subject is Gibson v. Hunter, 2 H. Bl. 187. It is there settled, that either party may demur to the evidence of the other, whether it be written or parol. If the evidence be -written, the party must join in demurrer; so if it be certain and positive, though parol. But if the parol evidence be either loose and indeterminate, or circumstantial merely, every fact a,nd conclusion which the evidence conduced to prove, must be…