Miller v. Beaver

This was a suit by the assignee against the assignor of a promissory note. Questions were made upon the sufficiency of both paragraphs of the complaint. As to the first, it is argued, that it does not show due diligence in prosecuting the makers to insolvency.

We cannot agree that the holder of the note, having commenced his suit in proper time in the court first to sit after the maturity of the nóte, was bound to dismiss that suit and commence in another court, the legislature having, after the suit was brought, postponed the term of the court in which it Vas pending until after the sitting…