Tbe affidavit of tbe appellant contained tbe statements of an affidavit of merits, and also enough, taken in connection with tbe affidavit of Williams, to excuse bis neglect in not noticing tbe action for trial tbe first and second terms after tbe appeal. He ought, therefore, to have been permitted to file bis answer, and then tbe cause should have been continued on terms.

By the Court. — The judgment of tbe circuit court is reversed, and tbe cause remanded for further proceedings.