Terrill v. Fowler

'The court erred, as insisted by appellant, in instructing the jury that the burden of proof was upon him to show the genuineness of the signature of the maker of the note.

The statute provides: “Where a writing purporting to have been executed by one of the parties is referred to in and filed with a pleading, it may be read as genuine against such party, unless he denies its genuineness by affidavit before the trial is begun.” Section 4114, C. & M. Digest.

It is true this court has- held that the genuineness of a writing may be contested without the filing of such affidavit denying its…