Cockrell v. Taylor

(dissenting). — -The writ of error in this case brings for review a judgment in favor of the defendant in a suit which was instituted to enforce payment of six certain promissory notes.

The declaration was in six counts.

The difference in the several' counts is not material. Each count stated a sufficient cause of action on one of the several promissory notes in which the makers agreed to pay costs and attorney’s fees in case of default and suit to enforce payment.

The first plea denied the making, execution and delivery of the notes.

The second plea was as follows.

That the defendant, J. E.…