Kittering v. Norville

The appellee sued the appellant, and had judgment in his favor. In this court two errors are assigned; the first is as to the sufficiency of the complaint, and the second relates to the correctness of the - ruling of the court in overruling the motion of the appellant for a new trial. Whether1 the case is to be considered upon the demurrer to the complaint, or upon the motion for a new trial, there is but one question presented and discussed. Kittering and one Emerick executed a joint promissory note to one Till-berry, who indorsed the same to Norville. Norville brought suit on the note…