Garnett v. Oliver

Opinion by

Judge Willis —

On Motion to Reinstate Attachment.

Garnett acquired by assignment from the payee a note executed by Oliver. He sued Oliver in the Clark circuit court, seeking to obtain a judgment for the face of the note, with two minor credits thereon. The circuit court ruled that the plaintiff’s petition was deficient in omitting to allege the exact amount of the consideration paid for the assignment. The plaintiff stood upon his petition and suffered a dismissal thereof for declining to conform to the ruling of the court. An appeal was prosecuted, resulting in a reversal of the…