Merrell v. Adkins

Writ of error brings for review an order granting a new trial after a directed verdict in favor of the plaintiff.

A. Z. Adkins, being indebted to J. H.' Lawrence and J. Bell Lawrence in the sum of $800.00, executed his note in favor of J. H. Lawrence and J. Bell Lawrence in the sum of $800.00.

Adkins filed plea of payment.

After the date of the alleged payment J. H. Lawrence died. J. Bell Lawrence instituted suit on the note. After such institution J. Bell Lawrence died and the suit, was revived in the name of her Administratrix.

At the trial, after the plaintiff had introduced in evidence the…