Whitworth v. Malcomb

The appellants have assigned for error that *455the complaint does not contain facts sufficient to constitute a •cause of action.

Opinion filed at the November term, 1881. Petition for a rehearing overruled at the May term, 1882.

The objection made to the complaint is stated in the brief ;as follows: “ The complaint avers that ' defendants executed their note which is filed herewith.’ What purports to be the note itself is placed in the complaint, but there is no filing mark upon it, and there is nothing to show that it ever was filed, and no copy of the same is set out in the body of the…