Kimbark v. Blundin

This was an action by Blundin for the use of Sage, brought against the Union Manufacturing Company, as a corporation, and appellant Kimbark. The declaration contained but one count, and that upon an appeal bond. Appellant alone was served, and, in apt time, he filed the plea of non est factum in proper form and duly verified by his own affidavit. Plaintiff’s attorney moved the court to strike out the plea from the files for want of an affidavit of merits. While that motion was pending, the defendant, having then, for the first time, ascertained that Sage, for whose use the suit was brought,…