Bloomington & Normal Railway & Light Co. v. DeMange

Appellee brought suit in assumpsit against appellant in the circuit court of McLean county and filed its declaration, which consisted of the common counts and an affidavit of claim. Appellant filed thereto pleas of the general issue and set-off and filed therewith Ms affidavit of merits. Appellee thereafter filed its motion for judgment in accordance with its affidavit attached to its declaration on the ground that defendant’s affidavit of merits showed no defense, which motion was by the court allowed, and it was ordered that testimony be taken to ascertain the amount of plaintiff’s damages…