Buchsbaum v. Halper

Mr. Presiding Justice Gridley

delivered the opinion .of the court.

In a fourth class action in contract, commenced on February 28,1929, the municipal court on May 14,1931, on plaintiff’s motion, struck defendant’s amended affidavit of merits from the files and, defendant electing to stand by his affidavit, defaulted him “for want of an affidavit of merits.” On the same day the court “heard the evidence as contained in the affidavit of plaintiff’s claim,” found that “there is due to plaintiff the sum of money as shown in said affidavit,” and assessed plaintiff’s damages at the sum of $1,046.57.…