Echols v. Phillips

K. D. Phillips instituted suit in a justice’s court against J. E. Echols, on a promissory note for $100 principal, dated February 1, 1892, and due on demand. The suit’was instituted on the 9th day of December,.1898, more than six years after the note became due. The defendant entered a plea of the statute of limitations, which was overruled by the magistrate, and judgment was rendered for the plaintiff. The defendant took the case by appeal to the superior court. The only evidence introduced on the trial was the note sued on. Upon motion of counsel the court directed a verdict in favor of the…