Litzelman v. Howell

This suit was begun before a justice of the peace against appellant and Joe C. Litzelman, by appellee, on a promissory note. Appellant alone was served. He appeared and filed an affidavit denying that he executed the note or in any way authorized the signing his name to it. On the trial the justice of the peace gave judgment against him and he appealed to the circuit court, where the case was tried by a jury, and the judgment being adverse to him, he brings the case here. The errors assigned are the overruling defendant’s motion for a new trial, and giving oral instructions to the jury. Under…