Whitworth v. Sour

Complaint on a promissory note alleged to ¡have been made by John L. McCorkle, William B. Whit-worth and Benjamin Benbow, by the name and style of McCorkle & Co.

Whitworth and Benbow answered:

First. The general denial; and,

Second. That on the 29th day of April, 1874, the plaintiff in this action brought suit before a justice of the peace on the identical note sued on in this suit, and against these identical defendants, demanding judgment for two hundred dollars thereon; that all of these defendants, except John L. McCorkle, who was not served with process, appeared to said action, and…