Tilden Lumber & Mill Co. v. Bacon Land Co.

The above action was brought to recover on a promissory note assigned to plaintiff corporation. The note with the indorsements thereon is in words and figures as follows:

The cause was tried before the court without a jury, and judgment was entered against defendants Sexton, McKee, Doell, Shuey and Bacon Land Company, a Corporation, each of whom has appealed from the judgment.

As grounds for the appeal it is contended that certain findings are unsupported; that the court erred in computing the amount of interest due on the note, and that plaintiff was not the real party in interest. The further claim is made of an irregularity in rendering and entering judgment, and that the demurrer of appellants Doell and' Shuey should have been sustained.

Appellants attack the finding that they executed the note, claiming that there was no evidence of such execution.

The note—which purports to have been executed by them—was introduced in evidence without objection. As held in the following cases it is not competent for appellants, after having allowed the note to be introduced without objection and without attempting to impeach its genuineness or sufficiency, to raise upon appeal an…