Milroy v. Hensley

OPINION of the Court, by

Judge Boyle

— This was an action of covenant, on a deed or writing under seal, and the parties went to trial on the issue joined upon the plea of covenants performed, verdict and judgment were given for the defendant. The errors assigned are, 1st. the court below erred in not rejecting the evidence as stated in the bill of exceptions ; 2dly. they erred in not supporting plaintiff’s motion, as mentioned in the bill of exceptions. The bill of exceptions in substance states, that on the trial of this cause, the defendant proved by a witness, that the plaintiff had told him…