Mitchell v. Burgher

This action was brought in May of the year 1929, upon a promissory note executed by L. A. Burgher and John Burgher in the year 1920, for $4,000. The defendant, John Burgher, was a nonresident of the state, in consequence of which the action was aided by attachment, levied on land owned by said defendant in Davis county, Iowa.

The case was tried to a jury, which returned a verdict for the defendant. The defendant admitted the execution of the note, but pleaded payment, and, in consequence of having the burden of proof as to his defense, opened the case. At the close of his defense, and again at…