Canada v. Curry

— Suit by the appellant, claiming as the assignee of William Canada, against the appellee, upon a promissory note, and upon an open account. Issues were joined upon a plea of payment of the note, and by a denial of the account. The questions in the case arise upon the overruling of the appellant's motion for a new trial, which is assigned as error.

The first cause for which'a new trial was asked is the overruling of the motion of the appellant “to strike out the 22(1 interrogatory, and the answer thereto, in the cross-examination of William Canada, as contained in his deposition.” The…