Blizzard v. Epkens

The County Court of Tazewell County rendered judgment by default against appellant for $293.97 in a suit which appellee had brought upon a promissory note executed to him by appellant.

The amended special count declaring upon the promissory note and the common counts was supported by an affidavit of merits: Appellant filed a plea of non est faetum verified, and other pleas, but filed with them no affidavits of merits. Three or four days thereafter, on November 4, 1901, he filed an affidavit, but one that was defective as an affidavit of merits. On the 9th of November the court struck the pleas…