Cutchen v. Coleman

Action by Coleman against the appellants, on a note executed by the appellants to one Robinson, and by him indorsed to the plaintiff, Coleman.

No process appears to have been served upon John B. Me Cutchen, nor did he appear to the action.

John Me Cutchen appeared and answered, setting up as a defense, usury in the assignment of the note by Robinson to Coleman. Demurrer sustained to the answer, and exception.

There was final judgment against both defendants.

There are two errors assigned:

1. In sustaining the demurrer; and

2. In rendering judgment against John B. without appearance or service of…