Hamilton v. Beardslee

This was an action of assumpsit brought in the superior court of Chicago. On the default day of the return term, no plea being filed, a judgment by default was rendered. Appellant appeared by his attorney and resisted the rendition of the judgment,on the ground that a declaration had not been filed ten days before the first day of the term. On a motion to set aside the default and to be let in to plead, appellant’s attorney swore that he examined the files in the case in the clerk’s office on the 22d day of January, 1869, and that no declaration was then filed; that he made a further…