Bidle v. Hamilton

Mr. Presiding Justice Puterbaugh

delivered the opinion of the court.

This is a suit in assumpsit by appellee, David Bidle, against appellant, C. E. Hamilton, on a promissory note, executed by said Hamilton. The declaration consists of a special count on the note, and the common counts.

The second plea of the defendant alleges that prior to the bringing of the suit, one Blankenbaker had brought suit in attachment against said Bidle before a justice of the peace; that service by publication was had on Bidle, and judgment rendered in such suit against Bidle and in favor of Blankenbaker; that the…