Fyan v. Cessna

Pee Cubiam:

The answer of the plaintiff under oath, to the rule to show cause why the judgment should not be opened, expressly avers that these two defendants were sureties only. He cannot now be permitted, on the trial of this issue against them, to prove that in their absence J. B. Cessna declared that he and his brother were joint borrowers. On no correct principle governing the admission of evidence could this be admitted. The specifications of error are not sustained.

Judgment affirmed.