Smyth v. Caswell

Gaines, Associate Justice.

Appellant brought this suit-against appellee as executrix of the will of C. C. Caswell, deceased, to recover judgment upon certain notes alleged to have been made by her testator. To one of the notes (which was for four thousand dollars), the defendant interposed pleas under oath of non est factum, and of failure of consideration. The finding-of the jury was in her favor as to this note. The points raised by appellant’s brief are mainly questions of practice, and we shall dispose of them in the order in which they are there presented.

Appellant first presents his…