Fetrow v. Wiseman

Wiseman sued John Fetrow, before a justice of the peace, on the following note:

“May 6th, 1859.

“One day after date, we or either of us promise to pay Samuel. S. Wiseman, or bearer, the sum of ninety-five dollars, for value received, without any Relief from valuation or appraisement laws.

“Joseph Fetrow,

“John Fetrow.”

John Fetrow alone appeared and answered under oath, denying the execution of the note. There was judgment for defendant, from which the plaintiff appealed to the circuit court.

In the circuit court, the defendant, upon showing that the answer filed before the justice had been lost,…