Schooler v. Asherst

*216Opinion of the Court.

1. THIS is a summons and petition. The petition was demurred to, and the demurrer 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, “ Josiah,” and in the note recited in the petition, “ Josier.” It is contended, that the note recited does not appear to be the note of the person suing. The plaintiff 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 the cause…