Snider v. Cochran

Poffenbarger, Judge:

The argument submitted on this writ of error to a judgment by default for the sum of $1,269.20, rendered in an action of assumpsit, is limited to a single question, namely, the sufficiency of the affidavit filed with the declaration, to prevent the setting aside of the office judgment, in the absence of a counter affidavit denying liability, and to prove the amount of the plaintiff’s demand, for the purpose of entry of final judgment by default.

Under the statute, Code, ch. 125, secs. 46 and 47, a defendant has right, on filing a counter affidavit, when the plaintiff has…