Prescott

This action is brought upon a promissory note executed by defendant. Judgment was entered against him on the pleadings, and it recites that the defendant was duly and regularly served with notice of the time and place of hearing the motion.

There is inserted in the transcript, however, what purports to be a notice of the hearing of the motion May 30, 1890, a legal holiday. The judgment recites that the motion was heard June 20, 1890. There is no bill of exceptions, and we cannot conclude that the notice, inserted without authority in the transcript, is the notice in pursuance of which the motion was finally heard. The notice constitutes no part of the judgment roll.

*520 The judgment shows that it was entered upon the pleadings on the theory that the answer raises no issue, and the question is, whether this ruling was correct.

The suit is upon a promissory note, which is set out at length in the complaint. It is in the usual form, except that it contains this stipulation: “ And if this note is collected by suit, I agree and promise that the court having jurisdiction allow a reasonable attorney’s fee, together with all legal expenses, to be made part of the judgment.”

It is…