evidance due of an account stated, except
the receipt.â to which instruction the plaintiff
the Auditors made their
report, finding the first issue for the plaintiff,
& the second for the defendant, and the
defendant withdrew his third plea.
The plaintiff moved the Court to set
aside the report of the auditors & for a
new trial, and filed the following reasons
1.The auditors decided against the evidence
in the cause.
2.The auditors against law
3.The court misdirected the auditors, in
that - "there there is no evidence in the cause
of an account stated, except the receipt .
Which motion the court overruled, and
gave judgment for the defendant; to which
proceeding & judgment, the plaintiff excepts,
and tenders this his bill of exceptions
L E LawlessL E Lawless