Great Western Telegraph Co. v. Mears

The defendant in error, as well as below, is sued as a stockholder of the plaintiff in error for an installment upon his subscription.

The question in the case is one of fact; Did he subscribe or ratify the subscription ?

That he did not subscribe with his own hand is conceded, but it is contended that the court erred in permitting the defendant to put the execution of the subscription in issue by a verified plea, when, on a preliminary call, the case had been called for trial, and in fact went to trial in four days thereafter.

The cases cited to support that contention do not support it. They…