Terhune v. Weston

When appellant, by leave of court, filed his amended declaration, he filed therewith an affidavit of claim. No motion was made to strike the affidavit from the files. Appellee afterward filed a plea without filing an affidavit of merits. Appellant made a motion to strike the plea from the files. The motion should have been sustained. The court had the power to allow an affidavit of claim to be filed with the amended declaration (Spradling v. Russell, 100 Ill. 522), and if appellees desired to raise the question that the affidavit was filed without leave, or not in time, they should have made…