Boarman v. Home State Bank

Opinion by

MAXEY, C.

This wa(3 an action on three promissory notes Set out in the petition in three counts. The first count is for a note for $150; the second count is on a note for 5>ry9.25, and the third eoum is on a note for $10. The notes set out in the fiyJst and third counts were settled after suit was brought, and before the trial, and the note for $199.25, set out in the second count, is the one involved in this appeal.

The- plaintiff in error rests 'his case upon the following errors of the trial court: (1) That the court erred in oveyAuling the motion of the plaintiff in error for a…