Meyer Bros. Drug Co. v. Hirsching-Morse Co.

The action was commenced before a justice of the peace to recover the amount due on a promissory note for $43.86, dated March 31, 1908, payable May 15, 1908, and bearing-interest at the rate of 7 per cent, per annum. From a judgment in favor of plaintiff, defendant appealed to the district court. There plaintiff recovered a judgment on the pleadings for $31.30; being the amount of plaintiff’s claim, less a former judgment in favor of plaintiff and against defendant for $22.50. Defendant has appealed.

There are three assignments: The trial court erred (1) in striking from the files the amended…