But, by THE COURT: — The question is not, whether parol testimony shall be given against a record; but whether the agreement filed in the Court, was a sufficient authority to the Clerk to make out the rule to any two of the referees. It this was his mistake, it certainly ought not to bear against the Defendant.
The witness being examined, and having proved the Defendant's allegation, the opposite counsel contended, that as the rule had been before the Referees...
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