Busch v. Hagenrick

Of the several questions discussed by counsel, one only is properly raised by the record, viz.: Does the *416petition state a cause of action authorizing the judgment rendered by the county court ?

The action was brought on a promissory note. The petition in question was filed under leave given to file an amended petition. It is now contended on behalf of the plaintiff in error that this petition is not amendatory of the original pleading, but is a complete departure, setting forth an entirely distinct cause of action. And this claim is doubtless true. What purports to be an amended petition makes…