State ex rel. Truxillo v. Gilbert

The opinion of the majority of the court states the facts necessary to the understanding of the situation, except that it ought to appear that Weber, in response to the rule nisi, put at issue all the averments in the petition for injunction, averred ownership of the note in himself, with right to enforce payment, etc.

On the trial of the rule, Truxillo, as a witness in his own behalf, testified to the facts alleged in his petition for injunction and offered some further evidence» and Weber, as a witness in his own behalf, testified in support of his contentions and offered some further…