Rice v. Goldstein

Mr. Presiding Justice HcSurelt

delivered the opinion of the court.

Plaintiff filed a statement of claim alleging that he was the owner of certain promissory notes for $100 each, made by defendants, which were past due. Défondants moved to strike the statement of claim, which motion was denied and they were ordered to file an affidavit of merits within five days. Not doing so, they were defaulted for want of an affidavit of merits, and on December 1, 1923, after overruling defendants’ motion in arrest of judgment, the court entered judgment against them for $500, from which they appeal.

Defendants…