Stegemiller v. Crowe

Opinion of the Court by

Judge Cammack

Reversing.

This motion for an appeal from a default judgment in favor of the appellee in the amount of $450 must be sustained because the judgment is not supported by the pleadings. The petition undertakes to state a cause of action on a promissory note, but there is no averment of a promise on the part of either of the appellants to pay any sum of money. The alleged note was not copied into the petition nor, indeed, was it even filed as an exhibit. It may be gathered from the prayer of the petition the alleged note was executed in the amount of $450, but…