Hicks v. Badham

This was an action of assumpsit instituted at the May term, 1855, of the Circuit Court of Phillips county by the appellee, for the use, &c., against appellants, founded on a promissory note. The plea of the general issue, non-assumpsit, was interposed by the defendants below, and issue thereto joined by the plaintiff. This issue was submitted to the court, sitting as a jury, by consent, and there was a finding and judgment by the court in favor of the plaintiff, for the amount of the noté sued on, with interest. There was an exception taken to the finding of the court upon the evidence, and a…