Schallehn v. Hibbard

The opinion of the court was delivered by

Cunningham, J.:

This was an action upon a note given by plaintiff in error to the defendant in error and to foreclose a mortgage on real estate securing the *602same. The petition was in the ordinary form. The answer, which was verified, denied specifically that the note and mortgage sued on were ever executed or delivered by the plaintiff in error. Trial was had on the issues joined on the 22d day of November, 1892, and a judgment was rendered in favor of the defendant therein for his costs. On the evening of that day the court adjourned until its next…