Childs v. State Bank

An execution in favor of the State Bank of Chicago and against J. N. Childs was levied on certain property *534of the defendant, and an affidavit of illegality was interposed which alleged that the execution “did issue illegally and is proceeding illegally, for the following reasons, to wit: Deponent says that he has never had his day in court. Deponent sajes that the acceptance sued on was not signed by him, nor was it signed by any one authorized by him so to sign, and was not his action and deed; that he filed a defense in said court of non es facto [non est factum] and that no proof of the…