Kelso v. Wolf

— Suit on a promissory note made by the appellants to Epaminondas Williams, and assigned by Williams to the appellee. Answers and replies. Trial by the court, finding and judgment for appellee. Appeal.

The only point made in the ease is “that the finding is not sustained by the evidence.”

The complaint avers that “ Said defendants, by their promissory note,” etc., “promised to pay,” etc., setting out the note as an exhibit, and' then avers the death of one of the makers of the note, and makes his executor a party defendant, by proper averments. The a'ppellants think that there is a “missing…