Shipman v. Fulcrod

The note declared on by the plaintiff as his cause of action in his petition, is described as a note executed by S. W. Walker and E. M. Shipman. The note is set out in the petition in Jubo verba.

The note produced on the trial, and read as evidence, was signed by S. P. Walker and E. M. Shipman, as makers.

On the trial, the defendant and appellant, Shipman, objected to the introduction of the last-mentioned note in evidence:

First. Because it did not have a revenue stamp upon it; and

Second. Because it was not the note sued upon and described in the petition, and stating, in a bill of exception…