Maxwell Implement Co. v. Fitzgerald

Dissenting Opinion.

Enloe, J.

This was an action by appellant against the appellee to recover upon a promissory note of which the appellee was the maker. The complaint was in the usual form and asked for judgment upon said note for principal, interest, and attorney’s fees in the sum of $250, alleging that said sum was-a reasonable attorney’s fee.

To this complaint the appellee filed two affirmative paragraphs of answer; he also filed a cross-complaint in one paragraph. The appellant demurred to each paragraph of answer, and also to said cross-complaint, each of which demurrers was overruled, and…