Beech

On the 4th day of December, 1878, written articles of copartnership were entered into between plaintiff and defendant, for the purpose of carrying on the business of “ livery stable keepers, farmers, and stock-raisers,” and such copartnership continued in existence until the 1st day of May, 1876, when the same was dissolved by mutual consent. Disagreements having arisen in respect to the settlement of the accounts of the firm, plaintiff filed his complaint on the 8th day of March, 1877, praying that an account be taken of the dealings and transactions of the late firm. The case was referred to George C. Gibbs, the Court Commissioner, to take testimony and report findings ; and on the 5th day of December, 1877, Gibbs filed his report, from which it appears that there was due from the defendant to the plaintiff the sum of @4,510.75, and upon this report judgment was entered on the same day. Defendant made his motion for a new trial, which was denied, and the appeal is taken from the judgment as well as from the order of the Court denying the motion for a new trial.

The first point made on the appeal is, that error was committed in allowing plaintiff to introduce in evidence “…