Cummins v. Walden

n Blackford, J.—Assumpsit

Assumpsit by Walden against Cummins and another, administrators of Hagan, for a demand which accrued in the life-time of the intestate. Pleas, 1st. The general issue; 2dly, Payment with notice of set-off. ’ Verdict and judgment for the defendants. A new trial was then granted, and a verdict and judgment were rendered for the plaintiff.

The granting of the new trial is the only error assigned.

The new trial was granted on an affidavit made by the plaintiff This affidavit states,—that the evidence of one of the defendants’ witnesses, who testified that she had heard the…