Fuqua v. Dinwiddie

Dinwiddie sued D. Bell and the plaintiffs in error as executors of John Norman, deceased, upon a note executed jointly by Bell and Norman. The suit was commenced before a justice of the peace, who rendered judgment against the defendants for the balance due upon the note. Bell submitted to the judgment, but the executors of Norman appealed to the circuit court, .where again the result was against them, and they have appealed in error to this court.

The first error assigned is the admission of Bell as a witness for the plaintiff, to prove a new promise made by Norman in his lifetime, in. order…