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T. J. MERONEY v. ALPHONSO C. AVERY, &c.
Rodman, J.
The plaintiff was an incompetent witness to any transaction or communication with the testator of the defendant: C. C. P. § 343; Whitesides v. Green, Admr. decided at this term: hut the objection was waived, by not being taken in due time. An objection must be taken as soon as its existence becomes known: 1 Stark. Ev. 114; 1 Greenl. Ev. 461. The introduction of the defendant after-wards cannot affect this case.
Pee Curiam:. Judgment affirmed.