Tays v. Carr

Opinion by

Holt, C.:

This action was tried by a jury, at the August term, 1885, of the district court. Plaintiff in error was defendant below, and defendant in error was plaintiff below. The action was brought upon a note signed by defendant and two others, for $300, given in Missouri in 1881, and due in one year after date. There is a conflict of testimony as to whether Tays, the defendant, was one of the principals, or surety on the note. The defendant, before the cause was called for trial, made a motion in writing to strike out certain parts of the depositions of sundry witnesses, because…