
    Thomas Jones v. Joshua Brick and James B. Lane.
    certiorari.
    A mere entry in a book of accounts unexplained and unsupported by any other evidence is not sufficient to sustain a charge for cash paid to a third: person, not one of the parties in the suit.
    Several reasons assigned for the reversal of the judgment of the justice were argued by W Hoisted, for the plaintiff,, and Jeffers, for the defendants.
   By the Court.—One

of the items of the state of demand is “ To cash paid John Young, $ 10 ”—and the only evidence, as appears by the justice’s return, produced in support of it, was the book of accounts of the plaintiff below, first duly proved.- A mere entry in a book of accounts unexplained and unsupported by any other evidence is not legal and sufficient to sustain a charge for cash paid to a third person not one of the parties in the suit, nor shewn to be in anywise connected with them. Tenbroke and Chapman v. Johnson, Coxe 288; Townly v. Wooly and another, ibid, 377. In Sykes v. Stokes, 1 South. 204, the question turned on the-sufficiency of the state of demand. Without expressing any opinion on the other reasons argued,

Let the-judgment be reversed.  