Godfree & Dellinger v. Brooks

The plaintiffs instituted suit in a justice’s court. In the original summons the defendant was commanded to be and appear, etc., “to answer the complaint of Godfree and Dellinger in an action upon a note, a copy of which said note is annexed to this, summons.” Copies of four notes for $25 each, besides interest and attorney’s fees, were attached. The notes were dated November 1,. 1902.’ There was no other allegation in the summons referring to the amount sued for. If attorney’s fees be added to the principal, the total sum would exceed $100. After judgment in the justice’s court, the case was…