McKay v. Speak

A writ of error was sued out by the plaintiffs in error, bnt they failed to file the record. It was filed by the defendants in error, and submitted with a suggestion of delay.

On looking into the errors assigned there is one assignment as follows :

“That the note sued on was executed and signed by D. S. McKay and *189J. Johnson, and the judgment was entered against D. L. McKay and N. J. Johnson.”

Note 70. — Cummings v. Rice & Nichols, 9 T., .127; Tho State v. Manning, 14 T., 402; Stockton " 'The State, 27 'f., 80; Steen u. Tho State, 27 T., SO; Page v. Artiim, 2!) T , 63.

On an inspection of the…