Hodson v. Davis

By the original complaint in this action the appellee sought to recover a personal judgment against both the appellants, upon a promissory note executed by them to John W. Miller, and which by successive assignments had become the property of the appellee.

After the issues had been formed, the plaintiff asked and obtained the leave of the court below to file an amended complaint, and thereupon he filed a complaint in three paragraphs, which must be regarded as a substituted complaint.

In the first paragraph, it was alleged that the defendants, by their promissory note, of the 2d day of Feb.…