Howell v. Field

Crawford, Justice.

The plaintiff in this case sued the defendant in a justice’s court, on a debt which, in the original summons, was stated thus :

“1880. E. S. Howell to S. E. Field, Dr. $16.60. On promise to pay the debt of G. O. and L. 0. Terry.”

There have been three jury trials in the justice’s court of this case, and three times has it been carried by certiorari to the superior court. The verdict was in favor of the plaintiff on each trial. They were set aside twice, upon the ground that the promise, if made, was void, under the statute of frauds. Upon the last trial, the testimony, in the…