Parker v. Dobson

The opinion of the court was delivered by

Burch, J.:

The plaintiff sued the defendant before a justice of the peace of Franklin county to recover upon a promissory note. The principal question was whether a former proceeding tolled the statute of limitations. Judgment was rendered for the plaintiff, and the defendant appealed. In the district court the following findings of fact and conclusions of law were returned:

“FINDINGS OF FACT.

“(1) On January 2, 1899, N. D. Parker, Frank B. Parker and Mary L. Parker executed the note in suit. N. D. Parker was the principal, and Frank B. Parker and Mary L.…