
    [710] [*] SHYMER against WESTBROOK.
    OH CERTIORARI.
    The action below was brought on a promise to pay the debt of the third person, which was distinctly set out in the state of demand; and on the trial before the justice, the. plaintiff offered to prove the promise, by parol testimony, which was objected to by the defendant; but the justice admitted the testimony, and the plaintiff recovered. All this appeared by the record.
    
      Anderson, attorney for plaintiff.
   By the Court.

This is a plain case. The justice erred in admitting the parol proof of the promise. It is not even pretended that there was any written promise.

Judgment reversed.  