Gray v. Pike

Campbell, C. J. Suit being brought on guaranty of oUection the judge who tried the cause made a special finding which, while referring to a note of some kind and its guaranty, finds facts showing an apparent exhaustion of legal remedies. But the note itself is not described or identified, nor is it found that the plaintiff is still holder. The mistake is a slip which has led to a mis-trial. The judgment must be reversed with costs and a new trial granted. The other Justices concurred.