Frost v. Harford

         JUDGES: Wallace, J., delivered the opinion of the Court, Temple, J., Crockett, J., and Rhodes, C. J., concurring. Sprague, J., expressed no opinion.

         OPINION

          WALLACE, Judge

         There was upon the face of the complaint no misjoinder of parties plaintiff. It did not appear by any averment in the complaint that the plaintiffs were husband and wife at the time the note was given to the female plaintiff. The demurrer was, therefore, properly overruled.          The finding of the Court below is, that the defences set up in the answer (that the note in suit was not made by the deceased, William Harford; that there was no consideration, etc.,) are not true in point of fact, and as the evidence is conflicting upon all the points, the finding will not be disturbed here.

         The defence set up in the answer, to the effect that the plaintiff, Margaret, is not the legal owner and holder of this note, which runs to her upon its face, is frivolous; and the other defence, that the note is not her separate property, is the statement of a mere conclusion of law; and each of these pretended defences would doubtless have been stricken out in the Court below on motion.

         The judgment and order are affirmed.