Whittaker v. Weller

This action was brought to recover the balance due upon a promissory note. The defendants denied liability, and pleaded an affirmative defense. Subsequently, during the trial, they amplified their defense by oral statements into the record. The trial court sustained a demurrer to the defense, as amplified, and the defendants refused to plead further. The trial court, based on the testimony offered by the plaintiff, found that the defendants were liable, entered a judgment against them in the sum of three thousand dollars, and fixed an attorney’s fee. From this judgment, the defendants appeal.

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