Barrere v. Griffith

This case was commenced in justice’s court by appellee against appellant, to recover a judgment for labor performed, and for merchandise furnished to appellant. He recovered judgment before the justice and defendant appealed to the City Court of Canton, where a trial was had before the court without a jury.

In the City Court, the appellant interposed a plea in abatement, by which he sought to bar recovery on the ground that the cause of action was based upon promises made by appellant to appellee and one William. H. Sexton jointly. Said plea alleged that before suit was brought Sexton had died…