Notman

— This is an action upon a promissory note, and to foreclose a mortgage upon real estate given to secure the same. Defendant filed a general demurrer, which was overruled, whereupon he failed to answer, and judgment was finally rendered against him, and the realty sold under execution. He appeals from the judgment, and insists that the complaint is fatally defective in this, that there is no allegation of non-payment of the note.

The only allegation in the complaint referring to this matter is as follows: “ That all the interest on the said principal sum mentioned in said promissory note and in the said mortgage has been paid up to February 26,1888, and no part of the principal sum mentioned in said promissory note and mortgage, together with the interest thereon at the rate of ten per cent per annum from the twenty-sixth day of February, 1888, compounded quarterly, still remains due and unpaid from said defendant to said plaintiff.”

We may safely assume that this allegation of the pleader does not express his intention and desires at the time. He insists that the defect of the allegation consists in a clerical error, in the accidental insertion of the words “ no part of.”

It…