Long v. Ray

Judge Underwood

delivered the Opinion of the Court.

RAy warranted Long and two others upon a note which -on its face purported to be executed by the three. Upon a return of “ not found,” by the officer, as to the others, t!ie justice rendered judgment against Long, who appealed to the circuit court. He there filed the plea of non est factum, and offered to sustain it by the testimony of those apparently bound with him. The court rejected their evidence, and the question is, whether they were competent witnesses.

The witnesses offered were no parties to the record in ^ circuit court. The return…