Johnson v. International Harvester Co. of America

The action was commenced by the service of a summons and complaint in 1928 and the issue was joined by the service of an answer.

An application was made for leave to serve an amended complaint and permission was granted and a complaint served and issue joined and the case was tried by an official referee, and resulted in a judgment for the plaintiff for $2,052.57, an appeal from which judgment was taken.

A proposed case and exceptions was made and moved for settlement before the official referee; he excluded from the case and exception the original summons and complaint. Then the defendant…