Carter v. Marks

The appellee, in this ease, brought suit against the appellant, on a note of hand executed to Matthews and Bee; of which note the appellee averred he was the bearer and owner. Appellant pleaded in abatement that he was, “ at the commencement of the suit, a free negro man, descend- “ ant of African parents, and not competent or able to con- “ tract or be sued,” &e. To this plea the plaintiff excepted, and his exception was sustained. The case was put to the jury on other pleas, and a verdict and judgment for the plaintiff, from which the defendant appealed.

The only error relied on, is the…