
    GENERAL COURT,
    OCTOBER TERM, 1798.
    Gorden et al. vs. Hickman’s Administratrix.
    Áhpjia:e, from Montgomery county coart. It was an action of assumpsit, and the declaration contained one count, «Top sundry matters, property chargeable in an account, as by a particular account,” &c.. The defendant, the mow appellee, pleaded plene administmvit At the trial the plaintiffs offered, to read their books of accounts, containing the account against tbc defendant referred to in the declaration, and offered to, read the probates by the agent of the pis* intiffs,- written in the said books, taken before and signed by William Beakins, junior, and David lAjmi, stating that they were justices of the peace of Frederick County, which county at that time (1774 & 1775,) included what is now Montgomery county. It Was admitted tbe agent ivas alive and residing in Charles county; that the plaintiffs resided in Great-Britain. The probates were objected to unless evidence was produced to prove that the said Deakins and Lynn were at the time justices of the peace of Frederick county. The County Court Vas of opinion, that other evidence than the probates must be produced to prove that the said Deakins and Lynn atthe time, &c. were justices of the peace, Ac. The plaintiffs excepted, and the verdict being against them, they appealed to the general court.
    
      Gantt, for appellants.
    
      Mason, for appellee.
   The Generar Court affirmed the judgment of the County Court.  