
    TRUAX against Adm’x of TRUAX.
    OH CEETIOEABT.
    Evidence needless, of facts admitted in the plea. Yerdict exceeding demand, the surplus may be remitted.
    It appeared by the transcript of the justice sent up on the return of the certiorari, that sundry objections [f] had been taken to this proceedings, by the defendant below, the plaintiff in this court.
    1st. That it did not appear that the plaintiff before the justice was administratrix. The justice considered that this fact was admitted by the plea which recognized her as such.
    
      2d. That the justice ought not to have admitted in evidence, an award between the parties, without the proof of the handwriting of the arbitrators. This the [122] justice also considered as admitted by the plea, which contained an allegation that the amount of the award (describing the same) has been paid to the plaintiff below.
    3d. The plaintiff offered a witness to prove the contents of certain papers, which was objected to by. the defendant. The justice admitted the testimony, because it appeared these papers had been' delivered into the hands of the defendant, who admitted that he had received written notice to produce them.
    4th. The jury found a verdict for more than the plaintiff demanded, in her state of demand filed with the justice. The plaintiff released and remitted the surplus, and took judgment for the amount of the demand filed.
    This was all assigned as error, in this court.
   Kirkpatrick, C. J.

— Upon inspecting the return in this cause, and the reasons filed, I can perceive no cause of reversal. Let the judgment, therefore, be affirmed.

The other justices concurred.

Judgment affirmed.  