Adams v. Adams

Williams, Judge:

To an order of the circuit court setting aside a verdict, *547recovered by plaintiff in an action of debt, and granting defendant a new trial, plaintiff obtained this writ of error.

Issues were joined on pleas of nil debet and non est factum. The declaration described the writing sued on as a promissory note, and when plaintiff offered the writing in evidence to the jury, defendant objected to its introduction, on the ground that it was a sealed instrument, and, consequently, varied from the writing described in the declaration; and the court sustained his objection. Whereupon…