Brown v. Harness

Harness sued Brown, as the joint maker of a note. Brown answered that he was surety only, and that he was not indebted. Second. That he had notified Harness to sue the principal. Third. Usury. Judgment for the plaintiff. At the first term of the Court afterward, Brown filed a petition for a review of said judgment, averring the above facts, and, in addition, that the only evidence given on the trial was the note sued on; that said defense *249was true ; but that after diligent inquiry and search, he was unable to find any witness, before the time of said trial, by whom he could prove the same.…