Philpott v. Brown & Ryan Bros.

Maxwell J.

This action was 'brought by the defendants in error against the plaintiffs in the district court of Lancaster *388county upon a promissory note to recover the sum of $195.30 and interest. The plaintiffs herein (defendants below) interposed two defenses. 3 st. That an action was brought on said note in the county court of said county, which on the 5th day of May, 1883, was dismissed. 2d. That afterwards a second action was brought thereon, which was also dismissed. There is also a plea by Court-nay of want of consideration. The court below rendered judgment in favor of the defendants…