Williams v. Conover

This is an appeal from a judgment rendered upon defendant’s default in appearing and pleading, by a justice of the peace of this county. The plaintiff served with his summons a verified complaint demanding judgment for a sum of money only. It is claimed by the appellants that the cause of action as stated in the complaint was in tort, and that, therefore, a judgment could not be entered upon the verified complaint without evidence being given on the part of the plaintiff. This presents, as the sole question in this case, whether the complaint herein was in tort or on contract.

The complaint…