McLery v. McLery

The appellant claims error on the trial below in the admission of incompetent testimony and the instructions to the jury thereon.

The action was brought against the defendant and her sister, Carrie Lumsden, but the defendant Lumsden was not served and did not appear. On the trial the plaintiff was permitted to prove declarations of Carrie -Lumsden to the effect *139that she was the agent of defendant with reference to ordering plaintiff out of the residence of plaintiff and her husband on the day of their final separation. This occurrence, if occasioned by defendant’s connivance, was a very…