Trowbridge v. Pitcher, Weaver & Co.

4 Ark. 157

Opinion

By the Court,

Dickinson, J.

Under our statute, the production of the note is evidence of its execution, and the consideration for which it was given, and is full proof of these facts, unless questioned by pleas of nil debet, non est factum, non assumpsit, and the like, supported by affidavit. In this case, the • plea is unsupported by affidavit; consequently, the production of the note itself proves the indebtedness of the defendants, in the manner charged in the declaration.

Judgment affirmed.