Robertson v. Robertson's Admr.

Opinion of the Court by

Judge Clarke

Affirming.

This is an action upon three notes executed to appellee’s intestate by appellant. Appellant filed with and as a part of his.answer a.paper purporting to be a receipt from the decedent of full payment of the notes sued on.

The reply attacked the genuineness of this receipt and a trial of this issue resulted in a verdict and judg*505ment against tbe defendant for tbe amount of tbe notes with interest and costs, and he appeals.

As grounds for a reversal he urges: (1) that the reply was not verified before trial as required by sec. ,527 of the Civil Code and…