Owen School Township v. Hay

Appellee brought this action to recover for services as a school teacher, under an employment by the trustee of the school township. She declared upon a written contract, and as an excuse for not setting out, or filing a copy of it with the complaint, alleged that it was in the possession of the township trustee.

The statute requires that when any pleading is founded on a written instrument, the original or a copy thereof must be filed with the pleading. R. S. 1881, section 362. Whether the reason given for not filing a copy of the contract with the complaint in this case is sufficient, need…