Gaynor v. Hibernian Savings Bank
Appellate Court of Illinois
Assumpsit, on a promissory note. Appeal from the Superior Court of Cook County; the Hon. Farlin Q. Ball, Judge, presiding.
1Opinion of the CourtJustice Gary
The appellant argues one question and the appellee another, and they are both right.
The Superior Court struck out—if we may read the record—the plea of the appellant because to the affidavit of merits, the jurat, with the seal of a notary public of Cook county impressed, was signed by him “ clerk.”
The seal was enough to indicate the official character, and besides, the courts take notice of that official character. Chiniquy v. Catholic Bishop, 41 Ill. 148; Hertig v. People, 159 Ill. 240; Stricker v. Kubusky, 35 Ill. App. 159.
The blunder of writing “ clerk ” at the end of his name, when…
2Cases cited10 opinions
- James v. DexterIllinois Supreme Court · 1885
- Kruse v. WilsonIllinois Supreme Court · 1875
- Snell v. Trustees of the Society of the Methodist Episcopal ChurchIllinois Supreme Court · 1871
- Chiniquy v. Catholic Bishop of ChicagoIllinois Supreme Court · 1866
- Chicago, Rock Island & Pacific Railway Co. v. Town of CalumetIllinois Supreme Court · 1894
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