McCann v. McLennan

The agreement of the attorneys in the Court below, by which the cause was submitted, to the determination of the Court on the pleadings without proof, must bind the parties. They were competent to enter into the stipulation; and there is no suggestion in the record that any advantage was taken by either: had there been, the Court below was the place to seek relief from it.

The defendant, by his answer, admits the execution and delivery of the note. *The answer sets up a good defence to it, however, if it is to be taken as true with*287out the introduction of proof to support it. The Court held in…