Camm

This is an action on a promissory note. The defendants demurred to the complaint generally and specially. The court overruled the demurrer and gave the defendants ten days within which to answer. The defendants failed to answer within the time allowed for that purpose, and thereupon defaults were entered against them, and judgment rendered and entered in favor of plaintiff for the principal sum of the note with interest, and for $150 as attorney’s fee.

This appeal is from said judgment.

The note declared upon is for $3,000, with interest at the rate of eight per cent per annum, said interest payable annually, and if not so paid, to be compounded with the principal and thereafter bear a like rate of interest. The note was executed at Visalia, in Tulare county, and by its terms is payable at that place. It provides that, in the event of the necessity of its collection through legal proceedings, the makers “agree to pay a reasonable attorney fee to the holder of this note,” etc.

The complaint alleges that the sum of $200 is a reasonable attorney’s fee for the prosecution of the action for recovery upon the note.

The defendants demur specially upon the grounds, among others which…