Opinion
Decided June, 1885.
ASSUMPSIT, for drawing logs, and to secure a lien under Gen. Laws, c. 139, s. 13. The defendant was defaulted, and the issue was between the plaintiffs and Gardner a., claimants. Facts found by a referee.
Drew, Jordan Carpenter, for the plaintiffs.
Aldrich Remich, for the claimants.
Against the claimants' objection, hearsay evidence of their declarations having been admitted on the question of the amount of the plaintiffs' lien, a new trial of that question is granted.
CARPENTER and BINGHAM, JJ., did not sit: the others concurred.