No. 49.

#### Jacksonville Nat. Bk. v. Edward C. Lax et al.

This was a suit brought by the bank against defendants E. 0- and Mewark Lax on a note dated April 20,1848, for $1,500, due in six months, purporting to be signed by the defendants and payable to the bank; afterward an attachment in aid was sued out alleging a fraudulent conveyance by Mewark Lax; defendants filed several pleas upon which issue was joined, trial had and verdict rendered, which was set aside and new trial awarded. On Dec. 12, 1884, defendant Mewark Lax filed a plea of non *655 est faatvmb sworn to, and upon trial a verdict was found for the defendants, and judgment rendered against plaintiff for costs.. From all the evidence in relation to the genuineness of the signature of ¡Newark Lax upon the note, the court is of opinion the jury were fully justified in finding his signature thereto a forgery, and it follows as a necessary consequence that the whole case fails, and errors in other branches of the case are immaterial.

Judgment affirmed.

Judge below, Cyrus Epler.

Attorneys, for appellant, ¡Messrs. Moeeison & Whitlock;

for appellee, Messrs. Baenes & Gallon.

Opinion filed Dec. 4, 1885.

Opinion by Conger, J.