Cox v. Harvey

This was a complaint for a new trial by the appellant against the appellee. To it a demurrer was sustained by the court, and this ruling is the error assigned. The complaint alleges that an action was instituted by the appellant against the appellee and Abner Atkinson and Thomas Stout, on a promissory note, alleged to have been executed by the defendants therein in their firm name of Atkinson & Co.; that Atkinson and Stout did not appear, not having been served with process; that Harvey appeared, and under oath denied the execution of the note; that upon trial by the court, there was a…