Shope v. Fite

On certiorari the superior court rendered final judgment in favor of the plaintiffs, and the defendant excepted. The action was by Fite & Boston against Shope, in a justice’s court on a promissory note, an unconditional contract in writing, returnable to the November term, held on the 14th day of that month. On the 26th of October service was acknowledged by the defendant, and at the November term the case was continued at the instance of the defendant, without any plea being filed. At the December term the defendant by his attorney moved to file a plea of non est factum. Both he and the…