by John Marshall

“ This court is unanimously of opinion, that as the original suit did not abate, the scire facias in the name of the administratrix, while a feme sole, constituted no bar to a scire facias in the name of the husband and wife after her marriage, to enable her still 'to prosecute that suit until a final judgment.'
The question which grows out of the bill of exceptions is entirely a question of construction. All admit, that in this action the delivery of the goods sold must be proved, and that the entries to which the witness may refer must be the original entries made in the day book. ”

“ The counsel for the defendant moved the court not to allow the said accounts to go in evidence to the jury, as not being copies of the original entries in the day-books or original books of the plaintiff's intestate; but the court was of opinion, that the account B., beginning with the words 'statement,' &c., was substantially stated by the witness to be a copy from the day-books, or original books of entries, and that the same was sufficiently proved to go in evidence to the jury, together with the said deposition. ”

“ In most of the United States the English law on this subject is adhered to as the rule of practice. But in others it has been changed either by usage and decisions of the courts founded thereon, or by positive statutes. ”