Charles H. Werner & Sons Co. v. Lewis

Plaintiff brought suit in assumpsit in justice’s court against the defendant. Summons was returned personally served. Defendant did not appear. *451Plaintiff filed a, declaration upon the common counts in assumpsit, and “especially upon a certain promissory note given by the above-named defendant to the above-named plaintiff, under date of November 26, 1895, for $45.89, due in six months, at 7 per cent, interest, and files the note with the court.” After waiting one hour the court rendered judgment for the plaintiff for the amount of the note. This suit is brought upon that judgment.

Defendant…