Mason v. Bidleman

Motion by defendant to set aside verdict taken on an inquest.—Defendant ’s papers show that at the circuit an affidavit of merits was filed and served, which was sworn to by defendant’s general agent, stating that such agent signed the note on which the suit was brought, and knew the facts of the case, &c., but gave no excuse why the affidavit was not made by the defendant. The circuit judge held the affidavit of merits insufficient and permitted an inquest.