Topping v. Tuckel

*388The opinion of the court was delivered by

Thiele, J.:

This was an action for judgment on a promissory note, and the defendant, Felix Tuekel, appeals from a judgment against him.

The petition was in usual form, a copy of the note being attached as an exhibit. Defendant Tuekel filed an unverified answer consisting of a general denial, a specific denial that he had made any payment on the note after July 7, 1936, and alleged that by reason of the statute of limitations plaintiff was not entitled to recover.

As shown by the journal entry attached to the notice of appeal, trial was by the court, and…