Daniel Drug Co. v. Collier Drug Co.

The plaintiff (appellee) sued appellants on a justice’s judgment rendered in plaintiff’s favor in January, 1916, against appellants. The trial was by the court without jury. The complaint declared on the judgment, alleging as well that “said judgment is wholly unpaid.” The plaintiff introduced the justice’s docket and the judgment here declared on, and this was all the evidence presented on the trial.

It is insisted that error affects the judgment under review, because the plaintiff made no proof that the justice’s judgment was unpaid, as alleged in the complaint. In a complaint declaring on a…