#### Whitfield & Brown vs. Anthony Walk.

CTION on the case, upon an account for goods, wares and merchandize sold and delivered ; the entries were made in the hand-writing of a clerk now in South-Carolina.

Williams, Judge.

It was decided some time ago at Fayette-vilie, in a case similar to the present, that such testimony as is now offered, namely, proof of the hand-writing of the clerk and Iiis absence from this , state, was admissable; but the contrary has been decided since by the opinion of the greater part of the judges in this state, therefore it cannot be received.

Judge Haywood assented.

The plaintiff then gave other evidence and had a verdict.1