1 Stew. 55 | Ala. | 1827
It is to be observed that the bill of exceptions contains blanks for the insertion of a copy of the note and the endorsement there m, from which it is contended, the exceptions tak n are not regularly before the Court. It is conceived, however, that the copies are unnecessary to be shewn in the bill of exceptions. The declaration has but one count; that is a special one, describing the note sued on, under which no other was admissible as evidence. We must therefore infer that the one given in evidence, corresponded with that described in the declaration. But supposing it to be a different note, if re- eived as evidence of the debt, the proof of payment could have-been no less admissible against it than any other.
The rejection of the evidence offered., is assigned for error. The statute
Laws Aia. 69.