C. Spugg, one of the
Justices of the Peace in and for said County of Sangamon, in a
suit wherein your Petitioner was plaintiff and James L. and C.
B. Gerard were defendants; that said judgment was not the result
of negligence on the part of your Petitioner; that said judgment,
in his opinion, is unjust and erroneous in this, that the
defendants were at that time and are indebted to this Petitioner
in the full amount of the principal and interest of the note sued
on, the principal being, as affiant remembers and believes,
thirty-one dollars and eighty two cents; and that, as affiant is
informed and believes, the defendants succeeded in the trial of
said cause by proving old claims against your petitioner, in set-off
against said note, which claims had been settled, adjusted
and paid before said note was executed. Your Petitioner further
states that the reasons of his not being present at said trial,
as he was not, and of its not being in his power to take an
appeal in the ordinary way, as it was not, were that your
Petitioner then resided in Edgar County about one hundred and
twenty miles from where defendants resided; that a very short
time before the suit was commenced your Petitioner was in
Sangamon County for the purpose of collecting debts due him, and
with the rest, the note in question, which note had then been
given more than a year, that your Petitioner then saw the
defendant J.
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