Joseph Cunningham, Administrator for the Estate of David Cunningham v. William Sublette
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evidance due of an account stated, except
the receipt.â to which instruction the plaintiff

Thereupon 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 this
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