Peoples State Bank of Crown Point v. Jeffries

Hatcher, Judge:

Upon a motion for judgment, the circuit court of Cabell County rendered judgment against the defendants in favor of the plaintiff for $4,221.81. The items in this amount are: $3,700.00 the principal of the note sued upon, $336.81 interest, and $185.00 attorney’s fees. The case is here on error.

The defendants allege as error: (A) that the notice of the motion fails to positively or affirmatively allege a promise by the defendants, or that the note was made or endorsed by either of them,- (B) that the notice contains no allegation of non-payment; and (C) the,award of attorney’s…