Caldwell v. Stileman

Huston, J.,

(after stating the facts,) delivered the opinion of the court, as follows:—

1. As to the insolvency of Holmes, the proof is not verysatisfactory. But one witness says, he became insolvent; another, that he assigned, and the record showed that he' had applied for the benefit of the insolvent acts. This suit was instituted by-writ returnable to the term at which he was to be heard as an insolvent. The narr states, that he had become insolvent, and was. totally unable to pay, &c.—issue might have been taken on this. '

The evidence, as offered, might some of. it, have been objected to,…