Cody v. Butterfield

This was an'action of assumpsit commenced in the Arapahoe district court; the venue was afterward changed to the Grilpin district court, where a trial was had and judgment given for the plaintiff.

The plaintiff below, in several counts, declared upon a promissory note, purporting to have been executed to him *379by the defendant by one Elijah Cody, her agent. The defendant pleaded the general issue, without verification and payment post diem. The cause was put at issue on the 20th day of February, A. I). 1868.

On the 3d day of June, A. D. 1869, and at the May term in that year of the Gilpin…