McMullen v. Clark

The error assigned in this case is the refusal of the court to grant a new trial on motion of the defendants,, who are appellants in this court. The action was by the appellee against Daniel McMullen, Cornelius M. Barnes, and. Edward L. Wheat, administrator of John Kilburn, deceased. The complaint was in three paragraphs, each predicated upon the same promissory note. The note was for eleven hundred and twenty-eight dollars, dated May 26th, 1869, to mature in twelve months, and was signed by John Kilburn alone.

In the first paragraph, it is alleged that the defendants were partners in…