Douglass v. Matheny

I. On the trial the defendant objected to the introduction of the note in evidence, which being overruled he excepted and now assigns the ruling as error. The ground of the objection made in the court below, and insisted on in this court, is, that “ the signing and execution of the same was denied under oath.” The first count of the answer is as follows : “ The defendant, answering to the petition of plaintiff, says that he denies that he ever signed or executed a promissory note of the tenor and effect as set forth in the petition of the plaintiff, or authorized or empowered any one so to do…