This section contains the nature of the case and procedural background.

Devecmon (P) sued the executors of the estate of Combs. Judgment was entered by default and damages were to be determined. The evidence consisted of certain accounts taken from the books of the deceased and testimony by P. P was the nephew of the deceased and was in Combs' service for several years. P testified that he made a trip to Europe on Combs' promise that P would be reimbursed as a gift to P. The court refused to admit the evidence and P appealed.

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