Walker v. Heller

Niblack, C, J.

— This was an action by Moses Heller, as assignee of Joseph B. Dunbar, upon a promissory note executed to the said Dunbar by Thomas L. Marsh and Meredith Walker, for one thousand dollars, with ten per cent, interest, :and five per- cent, attorney’s fees in the event of suit upon the note, and wag commenced in the Hancock Circuit Court.

Marsh made default; Walker answered in four paragraphs :

*481. The pendency of another action in this court on the same note, and between the same parties, on an appeal from a judgment rendered in such action, by the Hancock Circuit Court.

2. That the…