Wallace v. Armstrong

This appeal is by the defendant, and the question argued in the briefs is the sufficiency of a second affidavit of merits to an amended statement of claim, which affidavit was stricken by order of the court. Default for want of an affidavit was then entered, evidence heard, and the finding and judgment for plaintiff to the amount of her claim was entered.

The stricken affidavit is not preserved by bill of exceptions or other method provided by the statute. It does not appear from the record whether the court, in striking it, passed upon the question of its sufficiency as a matter of law, and…