Scheller v. Mawson

THE parties are here in reverse order of their appearance in the trial court and are hereinafter referred to as there.

Plaintiff sued defendant on a cognovit note and had judgment which was set aside on defendant's motion, and he was permitted to file his answer. Trial was to the court without a jury and judgment was for plaintiff. Defendant brings the case here on error and specifies as points for reversal: (1) That plaintiff did not purchase the note for value; (2) that under the judgment, defendant was deprived of an opportunity to raise issues on the open account and to have the case tried…