
    WILLIAMS against DAVIS and WIFE.
    OK CERTIORARI.
    Subscribing witness must be called, or his absence legally accounted for, before other evidence admitted.
    
      Mr. Halsey moved the court to reverse the judgment of the justice, on the ground that the justice had admitted witnesses to prove two notes, on which the action was founded, without the plaintiff’s below calling, or any way accounting for the absence of the subscribing witness to the notes; and this allegation being verified by the record, the court reversed the judgment.
    
    
      
       Vide South. 105. — Ed.
    
   Cited in Paterson v. Schenck, 3 Gr. 434  