Brownlee v. Kenneipp

—Appellee brought suit against appellant and one Thompson, on a promissory note signed by their firm name, thus, “Thompson & Brownlee.” Brownlee an*217swered by denying, under oath, the execution of the note. A proper reply was filed. Trial by the court; finding for the plaintiff; motion for a new trial overruled; exception; and this ruling is assigned for error; and judgment on the finding.

The first reason for a new trial was, surprise at the plaintiff’s evidence. The evidence complained of, and at the giving of which the appellant claims he was surprised, was all legitimate and proper under the…