H. & E. Holding Co. v. W. A. Davis Lumber Co.

Mr. Presiding Justice McSurelt

delivered the opinion of the court.

This is an appeal by defendant from a judgment of $1,375.58, entered in an action upon a promissory note after an affidavit of merits filed by defendant had been stricken from the files.

Plaintiff first suggests that the action of the court in striking defendant’s affidavit of merits is not properly before this court for review because defendant has not incorporated its affidavit nor plaintiff’s motion to strike the same in its bill of exceptions. Mann v. Brown, 263 Ill. 394.

Rule 20 of the municipal court, which is properly…