Barclift v. First Nat. Bank of Hartselle

Count 1 does not represent perfection in pleading, in that it fails to specifically aver the execution by defendant of the note sued upon. But such failure of averment is not always fatal if by other allegations and statements therein contained the fact of execution is made manifest. 8 Corpus Juris, 873, This . count avers that the sum claimed of defendant “is due from him by promissory note exeeuted on the 28th day of March, 1930,” and that “•in and by said note the defendant waived all rights of exemptions * * * and agreed to pay a reasonable attorneys’ fee.”

If there is uncertainty as to…