Jones v. Barber

Opinion by

Judge Hardin :

This action was commenced by Clifton Rodes against Mitchell and Jones, as makers, and Barber, as endorser of a negotiable note for $5,300, which, during the pendency of the suit was assigned to Barber, who by an order of court was substituted for the plaintiff, and the case being dismissed as to Mitchell, progressed to a trial and judgment against Jones, who prosecutes this appeal for a reversal of the judgment.

The principal issue tried, being on a plea of non est factum, the only essential question is as to the action of the court in permitting the plaintiff, against…