The judgment in this case is reversed upon the authority of Dahoney v. Hall et al. at this term, ante. p. 264.

Both parties were competent witnesses.

After much consideration, the Court has determined in the decision of causes, to give a literal interpretation to the sé*514concl proviso in section 3 of the act of 1861, touching witnesses. Acts of 1861, p. -52.

The judgment below is reversed with costs; cause remanded for another trial.