Justice

This is an action upon a promissory note. A personal judgment for the amount due on the note was entered against the defendant, Ott, by default, and from that judgment he appeals.

It is alleged in the complaint that Jesse Justice made and delivered to the plaintiff his promissory note for one thousand dollars, dated November 18, 1879, and payable five years after date, with interest; that plaintiff is still the owner and holder of the note, and that no part of the principal or interest thereof has been paid; “ that on the --day of May, 1888, by an order of the superior court duly made and entered, said defendant,' George T. Utt, was appointed the guardian of the estate* and person of said Jesse Justice, and that he is now such guardian; that on or about the eighteenth day of May, 1888, plaintiff demanded of said guardian the payment *531 of said promissory note, and the interest thereon, but said guardian refused to pay said note, or any part thereof”; wherefore tire plaintiff prayed for judgment against the defendant, George T. Ott, as such guardian, for the principal and interest due on the note, amounting to two thousand four hundred dollars.

A summons was issued, addressed…