The  plaintiff  objected  to  the  admission  of  this  evidence,  but  the  court
received  it,  and  a  verdict  passed  for  the  defendant.  A  motion
was  made  'for  a  new  trial,  upon  the  ground  that  improper  testimony
was  admitted ;  maintaining  that  the  actual  appointment  in  writing,  and
other  requisites,  should  be  produced  in  evidence.
Hitchcock,  J.^®  The  question  now  presented  to  the  court  was
considered  at  the  last  term,  in  the  case  of  Barret  v.  Reed,  2  Ohio,  400,
but,  inasmuch  as  there  was  some  difference  of  opinion,  and  that  case
was  decided  upon  a  different  point,  was  left  undetermined.
