Miller v. Kinsel

This action is before us upon a writ of error to the county court of Otero county, where judgment was rendered against plaintiff in error, upon the verdict of a jury, on an appeal from a judgment of a justice court, against plaintiff in error’ and two others.. The action was upon a joint and several promissory note.

Defense, statute of limitations.

To avoid the bar of the statute, plaintiff testified, that shortly prior to the commencement of the action Miller said to him, “We owe it and I will have to pay it.”

It is conceded that the reference is to the particular promissory note in suit.…