Hereth v. Smith

This was an action by Mary Smith against ithe appellants upon a promissory note .executed by the *515latter to one S. B. Hartman and by liim indorsed to the plaintiff. Issue, trial, verdict, and judgment for the plaintiff for the amount of the' note and interest. The record does not contain the evidence, or the instructions given, or those -refused. There is no question before us properly, except that arising upon the fourth paragraph of the answer, to which a demurrer was sustained and exception taken. That paragraph is as follows: '

“And for a further answer herein, the said defendants Hereth…