Childers v. Holmes

This is a suit by A. B. Holmes against E. H. Childers and E. D. Wright on a promissory note, waiving exemptions as to personal property, and agreeing to pay a reasonable attorney’s fee for collecting it. A non est factum plea was filed by each defendant. The case was tried on that issue alone. The jury returned a verdict against both defendants, and from the judgment for plaintiff, rendered thereon by the court, each defendant appeals.

The witness Patterson testified he knew E. H. Wright, had seen him execute papers, saw him sign his name, but he always did it by making a mark. The court very…