Morgner v. Birkhead

This was an action, instituted before a justice of the peace of the county of St. Charles, against Birkhead, as maker, and Knowlton, as endorser and guarantor of a promissory note. Judgment being given against the defendants, they appealed to the Circuit Court. Upon the trial in the Circuit Court, the court, sitting as a jury, made several declarations of law, among which is the following :

“ That the defendant appealing can only raise such questions as concern his own interest. Knowlton having failed to appeal, or being joined in the appeal, the judgment against him remains as rendered by the…