Bargis v. Farrar

This suit was brought by the appellees against the appellant, before a j ustice of the peace, on two promissory notes. The defendant expressly waived the general denial and pleaded two special answers of failure of consideration.

On the day set for trial the defendant did not appear, and judgment was rendered against him by default. This judgment, on motion, was set aside, and another day was set for the trial. On that day the defendant did not appear, and judgment by default was again rendered against him, from which he appealed to the circuit court, where it was tried by *42the court, resulting…