Whitfield v. Hatch

BOULDIN, Justice.

The action was by the payee against the indorsers upon a promissory note. Defendants pleaded the statute of limitations of six years (Code 1923, § 8944).

Plaintiff interposed a replication in short by consent, estoppel in pais, and such other special replications' as could properly be filed.

In support of the replication plaintiff offered in evidence two written documents, which are set out in the report of the case.

The trial court sustained defendant’s objections to each of these as legal evidence. Because of these rulings plaintiff took a nonsuit, with bill of exceptions, and…