Porter v. Sigler

Opinion by

Greene, J.

This was an action in the district court against the indorser of a promissory note. The record in a previous suit against the maker of the note was introduced, to show that a continuance had been granted by consent of parties, in order to affect the question of diligence. The court in this case admitted parole proof to explain why the continuance was had “ by consent,” as stated in the record, by showing that the cause could not have been reached for trial at that term of the court. This admission of parole proof was objected to, and is assigned as error; upon the…