C. B. Benedict v. Gress Manufacturing Company

ELLIS, J. -- The questions presented in this case are whether the Clerk of the circuit Court may enter a judgment forthe plaintiff in distress proceedings where the defendant appears and makes and files an affidavit in which there is no denial that the rent or any part thereof claimed is due but in which the affiant merely alleges that he has been served with notice of proceedings in involuntary bankruptcy and notified to hold the property and assets of the defendant subject to the order of the bankruptcy court and that he believes they are subject to such order. Secondly, if in entering such judgment is the clerk required to set out in the judgment entered by him the evidence upon which he ascertains the amount of the rent or advance due to the plaintiff and the value thereof.