Reed v. Fleming

Mr. Presiding Justice Brown

delivered the opinion of the court.

This is an action of assumpsit upon the common counts only. A plea of the general issue was filed. Subsequently the plaintiff filed a copy of two instruments, together with a notice that the instruments were the only cause of action upon which the suit was brought, and that they would be offered in evidence under each count of the declaration. The defendant made a motion to strike the notice and copy of the instruments from the files. It was overruled by the court. The defendant filed an affidavit which states that he is the…