Deans v. King's

Citations

• 20 Fla. 533

Syllabus

<p>1. The plaintiff in an action against an executor for professional services • as an attorney and counsellor at law, rendered for the testator, after proving his book of accounts by his suppletory oath, offered to prove by his own oath that the services so charged were actually performed by him, and that the sums so charged were reasonable and just, but the court excluded such evidence : Held, That such exclusion of the testimony of the plaintiff as to those facts was error.</p> <p>2. Such evidence, introduced on the part of the plaintiff by his own oath, is not in contravention of the law of February 14, 1874, which only prohibits testimony of “transaction, or communications,” in such cases.</p>