Schooler v. Ashurst

Judge Mills

delivered tbe opinion.

This is a summons and petition. The petition was demurred to, and the demnrrer was overruled by the court below. The only objection perceived, to the petition, is the name of the defendant in error is written in the first part of the petition 41Josiahf and in tbe note recited in the petition '•'Josier.‘,, It is contended that the note recited does not appear to be the note ef the person suing. The *493plaintiff in error pleaded three pleas in bar — one of payment and two of usury. The defendant replied, traversing these pleas, and issues were joined and th cause…