Mason v. Mandl

This was assumpsit, brought by appellee Mandl in Justice’s court against appellant Mason and another defendant not served. Mason took an appeal to the Circuit Court, which was perfected November 20, 1886. The plaintiff, without notice to defendant, applied for and obtained, December 8, 1886, leave of court to file an affidavit of claim in the cause, which being filed, the court entered a rule upon defendant to file an affidavit of merits within five days after notice of such rule, and such notice was served on defendant December 10, 1886. Whereupon the defendant, December 15th, made a motion…