Dempsey v. Harrison

Wash J.

delivered the opinion of the court.

This was a suit by petition and summons in debt, instituted in the Howard circuit court, by James Harrison and William Glasgow, against the plaintiff in error and one John R. White, on a promissory note made by Dempsey and White, payable to James Harrison & Co.—for $7877,89. The petition-was filed on the 18th of June 1835, and the writ made returnable on the second Monday in July. The process was served on Dempsey, and return made, “White not found.” — At the July term, Dempsey pleaded: 1st. Nel debit; 2nd. Payment by both defendants ; 3rd. Payment by…