Giles v. Canary

Elliott, J. —

The appellant, without having demurred to the complaint below, now insists, under a specification in the assignment of errors, that the pleading is bad because it shows on' its face a non-joinder of necessary parties defendants. The objection is not available under the attack here made upon the complaint.

The only question presented by the record is whether the verdict is sustained by the evidence. The appellant claimed that he was the surety on the note sued on, and that this fact Avas knoAvn to the appellant, and he further claimed that the time of payment was extended without…