Common Pleas.
nr r.vt
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Nov. 2S.-DEcIsIors E. yates ads. William Da-
rids and Wie, Gdminsfraor, &C. of William Gailosoay de-
ceased This action Of assHmps promises to
lnestate in his life time with the money counts and
stated brought by the administrative and her
husband and stated that there count in the deca
ration, promises to, account stated with the ad
ministratrix.


Defendant pleaded the general ISSUE and offered set
off. The referred to three referees, who
ported 5000 43 for the plaintiff The defendant movedto
set aside the report and therefore obtained special
port which is the usual practice in this court which lat
contained their for allowing and dsallowng
the claims OF the respective and their tor
dsallowing the examination of n wtness by the
name OF Lerby. The defendant now excepts the
port the referees for several the ground
that the plaintiffs had right to upon evidence
OF account stated with the adninistratrix under the
declaration In this cause ALSO the ground that the de-
fendan had rightto examine Derby, to every
item OF the bill Of particulars and such examna
ton would have mpeached his direct testimony
raj items; also several other points The court deci-
ded that the referees erred in allowing the
minaon of Derby as to the items in the account stated
An account stated Is not conclusive against the party sd
mittng the balance TO be against him. Is but pyima
facie evidence the accuracy Of the account may
impesched Report 10 be set asde with costs abide
the event But the parties consent they may proceed
before tie sane referees IL the continued for
their testimony, as to cross examine the Witness and
s king out the estimony as to character. If they do
not agree then motion must be made at Chambers for
new referees to renew the