#### W. F. Loyd, appellant, v. Charles W. Robertson, appellee.

Action upon a promissory note. Judgment for defendant in circuit court on appeal from a judgment for plaintiff in justice’s court. Appeal from the Circuit Court of Clay county; the Hon. Thomas M. Jett, Judge, presiding. Heard in this court at the October term, 1921.

Reversed and remanded.

Opinion filed March 24, 1922.

A. 1ST. Tolliver, for appellant. James H. Smith, for appeEee.

Mr. Justice Barry

deEvered the opinion of the court.