Healy v. Charnley

With the declaration plaintiffs filed an affidavit of claim. At the return term of the summons, defendant appeared and pleaded the general issue and set-off, but his pleas were not accompanied by any affidavit of merits. At the same term, having first obtained leave of court, plaintiffs amended their affidavit of claim, and, upon their motion, a rule was laid on defendant to file with his pleas, within five days, an affidavit of merits. This rule was not complied with, and, on motion, defendant’s pleas were stricken from the files, judgment rendered against him as upon default, and damages…