3 Ala. 30 | Ala. | 1841
It is very evident, when the date and time of payment is compared together, that there must be a mistake in one of these particulars. The plaintiffs aver, in substance, that the mistake is in the time of payment, and, although the averment is not very precise -or definite, we must intend it to be sufficient after a default; indeed, it is difficult to say why the allegation of what was meant by the. note, would not be sufficient under any aspect in which this case could be'.presented. The question does not arise, how this averment was to be proved, if denied ; nor need we consider how far the note itself would be evidence of the intention of the makers.
In the case of McGehee vs. Childress, (2 S. & P. 50,) it was held by this court, that a judgment by default, admitted the allegation of the declaration, that the event had happened, on which the note described in that case, became due.
The same principle must govern this suit
Let the judgment be affirmed.