Rives v. Kumler

This is an action of assumpsit, brought by the assignee against the assignor of a promissory note. The declaration averred the execution of a note by one Thornton to Rives, and by him assigned to the plaintiff below. That the note matured July 10, 1859, and judgment was obtained against the maker, for the amount of the note, at the October term, of that year, of the Circuit Court of Edgar county, where the maker resided, and that such term was the first term after the note became due. That he sued out an execution on the judgment and placed it in the hands of the sheriff of the county, on the…