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P. Stotesbury, in error v. R. S. Lanier, administrator, in error
Warner, J.
The testimony of the plaintiff, offered on the trial, was properly ruled out by the Court, as against the administrator, whose intestate was dead. The plaintiff, having failed to make out his ease, by any evidence which would entitle him to a verdict, the Court should have dismissed the same, and it was error, to allow the defendant to take a verdict in his favor.
Let the judgment of the Court be reversed.