Stolberg v. Ohnmacht

This was an action of forcible entry and detainer, in which the justice issued a summons without an affidavit filed. The defendant appeared and moved to dismiss the suit. The justice overruled the motion and allowed the plaintiff at that time, being the day of trial, to swear to and file his affidavit. The justice rendered judgment for the plaintiff, from which the defendant appealed to the circuit court, where the motion to dismiss was again made and was allowed. The plaintiff brings the case here, assigning as error the action of the circuit court in dismissing the case.

It is urged, by…