Sloan v. Wittbank

The appellee, who was the plaintiff, sued Sloan and Fordyce upon a promissory note for the payment of 400 dollars. The note bears date Mmch 7,1857, was payable to the order of Walters and Cummings at six months, and was by them assigned to the plaintiff.

Demurrer to the complaint overruled. This ruling is assigned for error; but as no exception appears to have been taken to the refusal to sustain the demurrer; the error thus assigned is not properly before us.

Defendants answered in seven paragraphs, to which there were replies. And the cause being thus at issue, the defendants withdrew their…