
    Luman Bishop against Hannah Mills.
    
      
      Reeve and Canfield of counsel for the defendant.
    
    
      Tracy for the plaintiff,
    
   The Court

refused the admission, because the witness had testified only to what he knew in that particular case, and perhaps might have testified something different between other parties.

It was also moved that evidence might be admitted to prove what a man had said concerning the case, who was now dead.—

The Court said it had been often ruled that what a deceased person had said not under oath, was inadmissible.—  