Boys v. Simmons

’Howk, J.

— This action was commenced by the appellant, as plaintiff, against the appellee, as defendant, on the 10th day of February, 1876. In his complaint the appellant alleged, in substance, that on the 2d day of July, 1867, by the consideration of the court of common pleas of Miami county, Indiana, one Henry Dutton obtained a judgment ■against the appellant and the appellee for the sum of 1280.46 and costs of suit, upon a promissory note executed by them to one John H. Boys, and endorsed by him to said Henry Dutton; that in the suit on said note, in said court of common pleas, the…