Givens v. Merchants' National Bank

Defendant in error recovered a judgment against plaintiff in error in the court below, as indorser of a promissory note by one Charles L. Bice to the St. Louis Marble Company.

The note was executed and indorsed in St. Louis, Missouri, where plaintiff in error resides. The suit was commenced by attachment, and the first objection urged is, the court below erred in sustaining a demurrer to the plea in abatement of

plaintiff in error. The plea alleged that both plaintiff in error and defendant in error were, when the cause of action accrued and when the suit was brought, non-residents of the State…