Behlow

This is an action on account for goods, wares, and merchandise alleged to have been sold and delivered by plaintiff to defendants between the first day of May, 1887, and the first day of March, 1888, and to have been of the value of $2,843.25.

The defendants moved the court to quash the summons issued in the action and served upon them, upon the ground that it did not state the-amount for which the plaintiff proposed to take judgment.

The portion of the summons objected to as insufficient reads as follows: “ The said action is brought to obtain a judgment of said court for the sum of $2,843.25, with legal interest thereon from March 1, 1888, until paid, alleged to be due plaintiff upon account, and for costs of suit. Reference is had to complaint for particulars. And you are hereby notified that if you fail to appear and answer the said complaint, as above required, said *143 plaintiff will cause your default to be entered, and take judgment as prayed for.”

The motion was denied, and an exception reserved. Shortly afterwards, the plaintiff, after due notice to defendants’ attorney, moved that the summons be amended so as to meet the objections urged against it; but this…