Austin v. Calloway

Williams, Judge :

John P. Austin, sheriff of Mason county and as such administrator of Lucy Stallard, deceased, recovered a judgment •against John Calloway for $173.46, and he was awarded this writ of error thereto. The action was upon a note dated 16th October, 1907, and payable to plaintiff’s intestate one day after date, signed John Calloway. Defendant demurred and pleaded non est faotum and non assumpsit. The demurrer was overruled and on the issues of fact the jury found for plaintiff. A number of errors are assigned. First, that it was. error to ■overrule the demurrer to the original…