Cox v. Davis

Cox sued Davis and Sample, before a justice of the peace, on an account alleged to be due from Davis to Sample, and by Sample assigned to the plaintiff.

The cause was appealed to the Circuit Court, where Sam pie filed an answer, admitting the assignment of the account by him to the plaintiff.

A jury being sworn to try the cause, the plaintiff offered Sample as a witness to prove the claim which was the foundation of the action, but objection being made, the testimony was excluded.

C. B. Smith and Thomas J. Sample, for the appellant. Walter March, for the appellee.

We perceive no error in this…