Stewart v. Peters

This was an action originally commenced before a justice of the peace by appellee on a note which purported to have been executed by George C. Stout & Co. The summons was against Stout, Stewart and Shortridge, all of whom were served with .process., ■ Bui; on the trial a judgment was only recovered against the two last named defendants, who interposed the defense that they had not executed the note ; but no judgment was rendered against Stout, although he made no defense to the action. Stewart appealed to the Circuit Court where, on a trial of the cause, the judgment of the justice of the…