Roberts v. . Grogan

The first group of assignments of error set out in the brief of the appellant relates to the refusal of the court to sustain defendant’s demurrer to the evidence duly made and renewed, and denial of judgment as in case of nonsuit, C. S., 567, and to the overruling of defendant’s demurrer ore tenus. These assignments are untenable for the reason that the admission of the execution of the note and the introduction in evidence thereof, together with the admission of its nonpayment notwithstanding its maturity, make out a prima facie ease.

Likewise, the demurrer ore tenus was properly overruled.…