Keith v. Streicher Manufacturing Co.

Frankum, Judge.

1. Where plaintiff’s original petition alleged that the defendant was indebted to the plaintiff in the amount of $338.50, as shown by reference to a bill of particulars attached, and where the bill of particulars referred to five notes aggregating the sum sued for, and where the notes were not themselves attached to the petition, and where the defendant demurred to the original petition and to the exhibit on the ground that there was nowhere therein set out “copies of the notes upon which the action is based and which are written instruments, and he prays . . . that the…