Childs v. Hampton

Gardner, J.(a) This case arose by Childs and Register, a partnership, entering suit on a note against Henry G. Hampton Jr., before a justice of the peace. The summons had attached and as a part of it a copy of the note. The defendant filed a general demurrer to the summons. This demurrer was sustained and the case dismissed. Theretofore the plaintiffs offered an amendment which was termed a “second” count. This amendment was disallowed. Error is assigned in the certiorari on the judgment disallowing this amendment. Upon final hearing on the certiorari, the judge of the superior court…