Civil action, tried before Cloud, J., at the Spring Term, 1873, of the Superior Court of Davidson county.

Action of covenant originally brought (under the old system) to the Superior Court of Rowan county, from whence it was removed to Davidson, and there tried upon the plea of non est faotwrn as to the defendant, Dumas.

The bond declared was in the words following:

“ One day after date, we, Angus Martin, Isham Dumas and A. H. Sanders as principals, and Parson Harris and Thomas L. Colton as surieties, promise to pay Sarah Heileg fifteen hundred dollars in gold coin, for value received.

“ July 25th, 1859.

“ A. MARTIN, (Seal.)

“ A. H. SANDERS, (Seal.)

“ I. A. DUMAS, (Seal.)

“ T. L. COLTON, (Seal.)

“ P. HARRIS, (Seal.)”

Defendant, Dumas, was the only one of the parties who denied the execution of the bond, and the only issue submitted to the jury was as to his signature.

In behalf of the plaintiff, five witnesses were examined, who testified that they knew the handwriting of the defendant, Dumas, and the signature to the bond sued on, was in his own proper hand, and was genuine.

For the defendant, six witnesses swore that they were acquainted with the handwriting of Dumas, and that the signature to the bond, purporting to be his, was not his .handwriting.

On the examination of Sanders, a witness and defendant, it was proposed to prove the execution of the note by all the other signers, except Dumas. .Objected to by Dumas, but received by the -Court, whereupon he excepted.

Plaintiff further offered to prove by Sanders that only the name of Angus Martin was signed to said note when he, the witness, signed it. To this defendant, Dumas, again objected. The Court received the evidence, and he accepted.

On the cross examination of the witness, Patterson, who had testified, that in his opinion, the signature purporting to be Dumas’ was written by some one, who at the time was nervous, and who was exa'mined after the deposition of Dumas himself, denying the genuineness of the signature was read, it was proposed by the plaintiff to prove by him, from reputation, that Dumas was a free drinker. This evidence being objected to, and received by the Court, defendant, Dumas, excepted.

Plaintiff further proved by Patterson; who is. a physician, that the sudden cessation from drinking spirits by a person accustomed to it, or a free drinker, would have the effect of making him nervous. The introduction of this evidence was objected to by defendant, but was received by the Court. Dumas again excepted.

By the defendant, Sanders, the plaintiff proved that the signers of the bond, at the time of its execution, other than the defendant, Dumas', were men of wealth. To the reception of this evidence by the Court, Dumas objected, and excepted.

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