Brown v. State ex rel. Brown

This was an action upon a guardian’s bond. The complaint avers that a copy of the bond is filed with the complaint. None was filed. A demurrer was filed to the complaint, on the ground that it did not contain facts sufficient to constitute a cause of action. It was overruled, and an exception taken.

The complaint was defective, and the demurrer to it should have been sustained. “ When any pleading is founded on a written instrument or on account, the original or a copy thereof must be filed with the pleading.” 2 G. & H. 104. The statute is imperative that the instrument or a copy of it must be…