Merrick v. Peru Coal Co.

This was an -action of debt, brought by appellant, in the LaSalle circuit court, against appellee, at the October term, 1869. The declaration contained several special and the common counts.

There was filed a plea of nil debet, payment, set off, and a plea denying the execution of the notes and bills of exchange declared on, verified by affidavit.

At the June term, 1871, a jury was waived and the cause was submitted to the court for trial by consent of the parties. After hearing the evidence, the court found the issues on all of the pleas except set off, which had been withdrawn, for the…