Wilkins v. Troutner

Action on a promissory note providing for the recovery of a reasonable attorney’s fee, if suit is brought to enforce the collection of the note; and the court has certified and asked us to determine a question in these words: “ Is it necessary to a recovery of attorney’s fees, on a note or con*558tract providing therefor, under chapter 185, Laws 1880, for the affidavit to be filed under section 3 of said act, at the same time of filing.the original papers; that is, the petition at the commencement of the suit?” The statute referred to in the foregoing question is in these words: “Before any…