Alabama Court of Appeals February 28, 1933, 6 Div. 397. (Commercial Credit Co. v. Lamkin)

SAMFORD, Judge.

The plaintiff claimed on a promissory note executed by defendant and payable to plaintiff on which there was due, according to the proof, $167. The plea was in short by consent, with leave to give in evidence any matter of defense as if the same had been specially pleaded.

The plaintiff introduced in evidence the note sued on and testimony tending to prove the amount due.