Eigenmann v. Backof

Complaint on a promissory note, made by the appellants to the appellee.

Answer: General denial.

Trial by the court; finding for the appellee; motion fora new trial overruled; exception; judgment; appeal. Assignments of error:

1st. Overruling the motion for a new trial; and,

2d. Insufficiency of the complaint.

Eb demurrer had been filed to the complaint. The ground alleged against it under the assignment is, that a copy of the note was not filed with it. This is true, although the complaint states that such copy was filed, and would have been good ground for a demurrer; but the defect is healed by…