McCormick v. Holmes

Opinion by

Holt, C.:

The defendant in error suggests that the case-made fails to show that all the evidence introduced' at *266the trial is contained therein, and that the judgment- should be affirmed for that reason. If he were correct in his claim, the judgment should be affirmed under the questions submitted for determination here. It is stated however in the case-made following the evidence: “And this Avas all the evidence in the case.'” The attention of some of the witnesses Avas called to a paper executed at the time the note sued upon was signed by the defendant; but there is nothing in the…