Ward v. Fleming

The suit was upon a joint promissory note. Upon the trial.it developed that one of the joint makers was the .wife of the other. The defendants pleaded not est factum. Later, by amendment, the defendants filed a plea of recoupment, in which they attempted to set off certain damages, consisting of expenses incurred in giving a bond to dissolve a garnishment and employing an attorney to make an answer, and for lost time in connection with the dissolution and the answer. The plaintiff proved by the subscribing witness that both of the joint makers signed the note, and the defendants each…