Humphreyville v. Culver, Page, Hoyne & Co.

Appellees brought suit on a note given by appellant, and described it as bearing date November 20, 1872, Avhen, in fact, it was dated on the same day in November, 1871. Appellant filed a plea of the general issue and notice of special matter of defense. The plea and notice were stricken from the files on motion of appellees, for want of an affidavit of merits. A default was entered and the damages assessed. Subsequently the judgment was set aside by consent of attorneys on both sides, and after being passed at one term on account of the sickness of defendant’s attorney, and continued at…