Black v. Lackey

jvdoe Marshall

delivered the Opinion of the Court.

It seems to this Court that the fact that the notes on which the petition is brought were on file in the same Court, in a suit in chancery, pending between the .same parties, when the petition was filed, and that they so remained up to the time of pleading, was a virtual compliance with the requisition of the statute in regard to the filing of the note, substantially answering all the objects of that requisition, as set forth in the opinion of this Court in the case of Gearhart vs Olmstead, fyc. (7 Dana, 442,) and that under such circumstances…