42 Tenn. 332 | Tenn. | 1865
delivered the opinion of the Court.
On the first day of May, 1860, the Bank of Tennessee brought suit, in the Circuit Court of Montgomery, against G. D. Martin, G. A.'Henry and Thomas F. Henry, for the sum of seven hundred dollars debt, and two hundred dollars damages. At the May Term, 1860, the Bank filed its declaration, in which it demands of the defendants $700 due by note, dated 23d of June 1859, payable ninety days after date, drawn by G. D. Martin, and indorsed by G. A. and Thomas F. Henry, avering presentment - and demand of payment, protest for non-payment, and notice to the parties. “The defendant, by Attorney, filed,”- it is said, in the record, his plea, in the words and figures following, to-wit: “Demurrer, plea, payment.” Upon argument of the demurrer, at the September Term, 1861, the same was overruled, and a verdict was, upon issues, joined as stated in the record, found for the Bank, for the sum of seven hundred and one-fifteenth-one-hundredth dollars, debt, and the sum of fifty-sis and seven-one-hundredth dollars, damages; for which judgment was given. From this judgment the defendants appealed in error to this Court. There is no bill of exceptions, and nothing to show what evidence was adduced before the jury on the trial.
With this slight modification, there is no error in the judgment of the Court bglow; and with this correction, the same is affirmed.