| Tex. | Jul 1, 1859
We are of opinion that the plea of Andrew F. Smith, one of the defendants in the court below, was not a good plea of non est factum, because it did not deny the execution of the note sued on. And if the plea could be held good as a plea in abatement, it came too late after an answer to the merits. There was, therefore, no error in the judgment of the court below, sustaining the exceptions to the plea. The judgment of the court below is affirmed.
Judgment affirmed.