
    Posey Williams, Plaintiff in Error, v. Henry M. Knighton, Defendant in Error.
    
      Error to Colombia.
    
    A complaint upon a promissory note, which omits to state that the note was then due, is insufficient.
    Knighton took judgment by default against Williams in the District Court, upon a complaint which states, “ that he has a cause of action against the defendant, and expects to recover judgment for five hundred dollars, with interest, &c., as per a certain promissory note, which he holds against him, for five hundred dollars, bearing interest, &e., dated February 25th, 1855.”
    
      D. Logan, for plaintiff in error.
    
      R. P. Boise, for defendant in error.
   Olney, J.

Waiving all other questions, it does not appear that the note was due. This cannot be implied from the allegations that he has a cause of action against the defendant. That is a conclusion of law. The pleader should state the facts which he thinks gives a right of action, and not keep back those facts, and offer the court his opinion. If one fact, necessary to a right of action, be omitted, all others might as well, and the complaint might be reduced to this, “ that the plaintiff has a cause of action against the defendant for five hundred dollars, for which he asks judgment.”

The complaint is insufficient, and the judgment must le reversed.  