MILLER, J.
This is an appeal on questions of law from a judgment of the Common Pleas Court in favor of the plaintiff and rendered upon the verdict of a jury. In the petition the plaintiff alleges that he is the owner and holder of a certain note executed by H. J. Johnson, on which there is due and unpaid the sum of $3,500 and interest; that the defendant is the duly appointed executrix of H. J. Johnson, deceased; and that
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