Nicholson v. Bowen

Suit by the appellee against the appellant,

'before a justice of the peace, on an ordinary due-bill signed by the appellant and one Joseph S. Nicholson. The defendant, treating the instrument as a joint one, pleaded a former recovery against Joseph S. Nicholson before a justice of the peace, filing a transcript of the judgment with her answer. From the record of that judgment, it appears that the appellant was not found, and that, as to her, the action was dismissed. A demurrer to this answer was sustained both before the justice of the peace and in the circuit court, and this is the error…