Nylund

The plaintiff had judgment against the defendant as the executor of the last will and testament of Carl Miller, deceased, for the sum of six hundred dollars. From this judgment the defendant appeals.

The complaint in the action sets forth that for a considerable period prior to the death of Carl Miller the plaintiff attended him as a nurse and performed services, at his instance and request, and upon Ms promise to pay therefor, of the reasonable value of one thousand dollars. That the plaintiff has not been paid for said services. The death of Carl Miller is then set forth, the admission of his last will and testament to probate, and the appointment of the defendant as executor are alleged and judgment demanded in the sum of one thousand dollars. The filing of the claim against the estate of said deceased is alleged, and its rejection by the executor also pleaded. The answer of the defendant put in question the fact of the services, the promise to pay therefor and also the value thereof.

Upon this appeal, while other objections are alleged, the only real ground upon which it is insisted that a reversal of the judgment should be ordered is in the fact that no witness testified…