Gunter

The plaintiff commenced this action to recover judgment upon a promissory note executed to him by the defendant. After answer filed, the plaintiff moved for judgment on the pleadings. The defendant consented and requested that the court grant judgment upon the pleadings in accordance with the prayer of defendant’s answer, to wit, that plaintiff take nothing, etc. After argument by counsel and submission of the motion, the judge announced from the bench that he would have to give judgment for the defendant on the ground that the complaint did not state facts sufficient to constitute a cause of action. Thereupon the plaintiff asked leave to withdraw his motion and amend his complaint. The court took the matter under advisement, and thereafter made an order striking said motion from the calendar and granting plaintiff leave to amend his complaint; to which action of the court the defendant duly objected and excepted. Thereafter an amended complaint was served and filed, and the legal time for answering having expired without answer or demurrer by the defendant, judgment by default was entered, from which judgment the defendant appeals.

The amended complaint is like the original…