Bemis v. Homer

Appellees brought their action in assumpsit, in the Superior Court of Cook county, on a $5,000 promissory note, alleged to have been executed by the defendant, payable to one James W. Miller, and by him duly assigned to them before maturity. They had judgment for $5,035.83, and costs of suit, which has been affirmed by the Appellate Court.

The only question here is, did the trial court err in ordering certain special pleas of appellant stricken from the files. The facts material to the decision of that question, as shown by the record, are as follows: Plaintiffs filed with their declaration an…