Wallace v. Adams

The appellee, Adams, sued the appellants Wallace as maker and Ford as indorser upon a promissory note for $300, exclusive of interest and attorney’s fees. Among numerous defenses not involved in this appeal Wallace pleaded as an offset an unsatisfied judgment theretofore rendered in his favor in the county court of Titus county against Adams. In a supplemental petition Adams thus attacks the validity of that judgment:

“Plaintiff denies that the defendant has a valid judgment against him as set out in his answer, but avers the fact to be that suit was filed on said claim and that the plaintiff…