Supreme Court of Virginia June 30, 1875 (Peery's adm'r v. Peery)

Anderson J.

delivered the opinion of the court.

The court is of opinion, that the Circuit court erred in overruling plaintiff’s motion to exclude from the jury the testimony of George Deskins, the plea not describing the payment, as the witnesses’ testimony tended to prove, so as to give the plaintiff notice of its nature, as required by section 4, chap. 172, of Code of 1860.