Weaver v. White

BOND, Chief Justice.

This is an appeal from a judgment sustaining defendant’s general demurrer to plaintiff’s petition and, plaintiff declining to amend, dismissing the suit.

Evidently, the action of the trial court is based on defendant’s exceptions, bringing to- the attention of the judge, without proof, that the alleged promissory note,evincing usurious interest received or collected by defendant, for which plaintiff here seeks judgment for double the amount of such interest, had been adjudicated in a prior litigation, hence the application of the common law rule that a suit between the…