Millen Hotel Co. v. First National Bank

1. The allegation that the defendant “has been notified of this suit, and if same is not paid by 30 day of March, 1916, 10 per cent, attorney’s fees will be due,” is insufficient to show that before suit the defendant was given the ten-days notice in writing of the intention to sue, and of the term of the court to which the suit would be brought, as required by the statute (Civil Code of 1910, § 4252), where suit is brought on a note, for principal, interest, and attorney’s fees; and the timely special demurrer to this paragraph of the petition should have been sustained and the paragraph…