Palmer v. Nassau Bank

This was a suit upon a promissory note. The court below struck the appellant’s plea of the general issue from the files, for want of an affidavit of merits, and rendered judgment against him by default.

Three objections are urged in reversal of the judgment.

First, that the appellee filed no sufficient affidavit with his declaration to demand an affidavit of merits by the appellant, and hence there was error in striking appellant’s plea from the files.

The insufficiency claimed in the affidavit is, that it purports to be sworn to before a notary public, but that the notary failed to state of…