
    W. HUDSON STEPHENS, as Executor, etc., of ABEL D. BENT, deceased, Respondent, v. RUFUS B. WAITE, Appellant.
   Judgment reversed and new trial ordered before another referee, with costs to abide the event, unless plaintiff stipulates to deduct from the judgment the sum of $6.72, with interest from September 4, 1878, and the sum of $70, with interest from November 30, 1874, in which case the judgment so reduced is affirmed, without costs of this appeal to either party.

Opinion by

Hardin, J  