Duke v. Ayers

(After stating the foregoing facts.)

The bill of exceptions recites that the court erred in admitting in evidence the motion to amend the decree in favor of E. Duke against the estate of Amanda Duke, together with an acknowledgment of service of this motion by Gf. S. Duke, as executor of Amanda Duke, and the judgment of the court amending this decree, upon the grounds that this evidence was immaterial and irrelevant, and because there was no pleading setting up these proceedings as an estoppel against the plaintiff in the present case. It does not appear from the bill of exceptions that these…