Robien v. Kooie

The filing of the supplemental record in this court disposes of the contention that the court was without jurisdiction, because appellee had not entered his appearance.

The sole question remaining to be considered on this appeal is, did the court err in entering default and judgment for want of an affidavit of merits 1 It appears that an affidavit of plaintiff’s claim had been filed before the justice of the peace, and refiled with the transcript and other papers from the justice, more than ten days prior to the first day of the October term of the Circuit Court, at which term the judgment in…