Elkhorn Sand & Supply Co. v. Algonquin Coal Co.

Miller, Judge:

This action was instituted by notice of motion .for judgment, pursuant to the provisions of section 6 of chapter 121 of the Code, the notice reciting that on a day named the plaintiff would move the circuit court “to render judgment against you, and in our favor, for the sum of $389.40, with interest thereon from the due date of said account. Said money is due and owing to us by you for sand heretofore sold and delivered to you from time to time.” There was a verdict and judgment for plaintiff.

The first point of error assigned is the action of the trial court in overruling…