Estep v. Estep

Ray, Ch, J.

The appellee was the plaintiff and the appellant the defendant. The complaint consists of four counts. The first and second are each upon a promissory note. The note declared on in the first paragraph is alleged to have been executed by the defendant to the plaintiff on the 3d of March, 1858; but tbe note filed witb tbe complaint bears date May 3, 1858. On account of this variance between the date of the note as alleged in the first paragraph, and the date as it appears on the face of the note filed, the defendant demurred to the complaint, but tbe demurrer was overruled, and he…