Phelps v. Malone

This case was first filed by J. M. Malone, hereinafter called plaintiff, on November 16, 1941, in the justice of the peace court. He sought to recover on a promissory note dated March 3, 1941, executed by the defendant, Mrs. Maggie Phelps, and transferred to the plaintiff. Judgment was entered for the plaintiff and the defendant appealed and the appeal was filed November 29, 1941. On trial de novo, in the court of common pleas, on March 16, 1942, the court entered judgment on a verdict of the jury for the plaintiff, and the defendant appeals.

Two specifications of error are presented. It is…