Demaras v. Smith

The opinion of the court was delivered by

Parker, J.:

This was an action to recover judgment on an alleged debt. The trial court found the indebtedness existed but was not due and on that account denied recovery. The plaintiff appeals from such judgment.

No questions are raised respecting the pleadings and references thereto are for informative purposes.

The action was commenced on April 8, 1953, by the filing of a petition which was subsequently amended to comply with a ruling on a motion to make its allegations more definite and certain. The amended petition alleges in substance that on May 6,…