Wilson v. Thompson

<p>Error — pleading—surplusage—substantial finding.</p> <p>In a suit by an assignee of a note, the plea was attached under the attachment law, as the credit of the payee of the note, the obligor summoned in as garnishee, and the money collected of him by execution — replication, that the note was negotiated before the attachment, concluding with a verification, and to the country — rejoinder that the plaintiff received the note in fraud of the attaching creditor, concluding with a verification — no rebutter; on trial it was found that the defendant did assume, &c., and that the debt was not attached, on which judgment was given for the plaintiff — -held on error that, the replication denied the fact of the plea, and properly concluded to the country, the verification as well as the rejoinder are surplusage — held also that the finding was upon the substantial issue, was acquiesced in, and good after judgment.</p>