McKenzie v. Penfield

This is assumpsit, upon a promissory note made by appellants, payable to appellee. The bill of exceptions in the case shows that, with the declaration, plaintiff-filed his own affidavit, stating “that the above named defendants are truly and justly indebted to him, after allowing all claims and set-offs whatever, in the sum of $140.40, said indebtedness being in the nature of one promissory note, given October 20, 1874, and due May 15, 1875, with ten per cent interest.”

Defendants filed a plea of non assumpsit, but filed no affidavit of merits. On motion of plaintiff, the court entered a rule…