McCall v. Tufts

Simmons, Justice.

Tufts sued McCall in a justice’s court upon three promissory notes, at March term of said court. At that term, there being no plea filed and no appearance made by the defendant, judgment was rendered in favor of the plaintifí. McCall entered an appeal to a jury. At the trial before the jury, plaintifí introduced his notes and closed. Defendant sought to introduce evidence under the plea of the general issue and payment, which pleas he had filed after the judgment at the first term of the court. Plaintiff objected to the introduction of any evidence, and moved to strike his…