Cone v. Lythgoe

Mrs. A. L. Smith and Miss Mamie Lythgoe sued Charles H. Cone on a promissory note. The defendant filed a plea in abatement, on the ground that Mrs. Smith was dead, and upon the call of the case moved the court to enter judgment pro confesso in his behalf on his plea in abatement, which motion was denied. To this ruling the defendant excepted pendente lite. “Evidence was introduced by both parties, whereupon the court directed the jury to find a verdict against the plea in abatement and directed the jury to find a verdict in favor of the plaintiffs, to which order and judgment of the court…