Gilbert v. Estate of Swain

The appellant was the plaintiff below. She *89filed a claim against the estate of appellee’s decedent, founded on three promissory notes. The claim was rejected. No special answer was filed.

The cause was tried by a jury and a verdict returned for the appellee, and judgment thereon followed.

On the trial of the cause, the appellee, among other things, sought to show that the notes were executed without any consideration.

Before the trial of the cause, the appellee examined the appellant, in accordance with section 510, R. S. 1881; and on the trial of the cause called and examined her as a witness,…