Depew v. Wheelan

J.— W. E. aud J. G. Wheelan, the payees, sued Depew and Hammick, the makers of a promissory note, in debt before a justice of the peace. A declaration was filed which sets out the note and alleges it to be lost. Process was served upon Depew, but no return was made as to Hammick. Depew appeared before the justice, and pleaded non-assumpsit under oath. The plea was set aside by the justice on the motion of the plaintiffs. Judgment for Depew. The plaintiffs appealed. .Among the papers sent up to the Circuit Court by the justice was the rejected plea, of which no notice was taken in that Court.…