Rabun v. Planters Cotton Oil Co. Inc.

1. Where the statement of the cause of action attached to a summons in a justice's court reads, “Balance on note for fertilizer, including principal and interest, $94.81,” the action is a suit on a note, even though the summons recites, “action on a act.,” and “copy of which said act. is attached,” and the words, “for fertilizer,” contained in the attached statement of the cause of action are mere surplusage.

2. The action was subject to special demurrer on the ground that the note declared on was not attached to the summons; and where the defendant's original demurrer recognized the action as…