Coons v. Green

This was an action of debt, on a bond brought against Felix Coons and James Stewart. A judgment was rendered against Coons in the justice’s court; and Stewart confessed judgment. Coons appealed to the circuit court, and on a trial de novo, made the defence that he did not execute the bond. The other obligor, Stewart, who had confessed judgment in the justices’ court, and who had not joined in the appeal was called as a witness against Coons, who proved that Coons executed the bond sued on. Judgment was again given against Coons.

The question presented for our determination is, whether Stewart…