Southard v. Hall

Judge Marshall

delivered the Opinion of the Court.

To an action by petition and summons, brought by Hall, as assignee of Howell, against Southard, on a note for two hundred dollars, “borrowed this 24th April, 1828,” Southard, having taken oyer of the note, pleaded, among other things, that Howell, in his lifetime, viz. on the 23rd of August, 1826, was indebted to him in a larger sum, viz. in the sum of eight thousand ninety three dollars and fifty cents &c. by the consideration and judgment of the Oldham Circuit Court, rendered on the 23rd of August, 1826; and that said judgment was and still…