Vallandingham v. Igo

Opinion by

Judge Coper:

The record of the suits in the name of Christian were not admissible as evidence against the appellant. In the first case there was non suit, and the record under the issue made in the pleadings was not competent evidence for any purpose whatever. The second case was dismissed on motion of Christian, and he had leave to withdraw the note, which shows that there was no decision on the merits. Harris v. Tiffany & Co., 8 B. Mon. 225. This record did not, therefore, support the plea in bar, and should not have been allowed to go to the jury, and especially with an intimation…