
    Ellis et al. v. Somes.
    Statutes Construed — Witnesses.—The second proviso of the third section of the act of March 11, 1861, (Acts 1861, p. 52,) must be literally construed.
    APPEAL from the Knox Common Pleas.
    
    
      
      (1) The record in this cause has been wholly lost, together with the briefs of counsel.
    
   Per Curiam.

The judgment in this case is reversed upon the authority of Dahoney v. Hall et al. at this term, ante. p. 264.

Both parties were competent witnesses.

After much consideration, the Court has determined in the decision of causes, to give a literal interpretation to the séconcl proviso in section 3 of the act of 1861, touching witnesses. Acts of 1861, p. -52.

The judgment below is reversed with costs; cause remanded for another trial.  