Hardin

Appeal from order denying motion for new trial and from judgment. Action brought to recover eleven hundred and eighty dollars upon an instrument in writing. The defendant answered, making denials and .setting up affirmative matter in defense. Demurrer to the answer was interposed, chiefly on the ground of alleged insufficiency of the denials. Demurrer was overruled and the parties went to trial, and judgment passed for defendant. The overruling of the demurrer is assigned as error. It is claimed also that the evidence does not sustain the findings or the findings support the judgment. For the more convenient solution of those questions it will be well to reverse the order of considering them, and ascertain: 1. Whether the findings support the judgment; 2. Whether the findings are sustained by the evidence; and 3. Whether the answer is sufficient to support the findings.

1. Do the findings support the judgment? They are substantially as follows: On November 8, 1889, W. J. Dickey, the defendant in this action, and one M. J. Donahoo were entitled to collect and receive from D. B. McKenzie and Frank Buie the sum of three thousand three hundred and seventy-six dollars and fifty-eight…