Reynolds v. Furlong

Mason, J.,- delivered the opinion of this court. This was an action instituted by the appellee against the appellant, on a promissory note. To the admissibility of this note, as evidence, the defendant objected, but the court below overruled the objections, and permitted the note to be given to the jury. This ruling constitutes the first exception.

We must reverse this judgment upon this exception, if for no other reason, than that there is no evidence whatever in the exception, of the execution of the note by Reynolds the defendant. The objection, which seems to have been mainly relied upon by the defendant, to the admissibility of this note, was based upon the insufficiency or irregularity of the affidavit, which was resorted to, to supply the .omission of the stamp, as required by the act of 1844, ch. 280, sec. 8. Since the determination of this question in the circuit court, the act of ³²¹ 1856, ch. 352, entitled “An act to reduce the taxes heretofore imposed by the authority of this State,” has been passed. The 4th section repeals the act of 1844, ch. 280, imposing the stamp duty, and the 5th section provides: “That all bills, notes or bonds, that have been drawn previous to the repeal of this act, and have not been stamped, shall be as good and valid as though they had been stamped, and all debts that have been created,