Garrity v. Lozano
Illinois Supreme Court
Writ of Error to the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action of assumpsit, by the defendants in error, against the plaintiff* in error, upon a draft and two promissory notes.
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Writ of Error to the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action of assumpsit, by the defendants in error, against the plaintiff* in error, upon a draft and two promissory notes. There was filed with the plaintiff’s declaration an affidavit, of which the following is a copy: “ Daniel IL Tenney, being duly sworn, says he is one of the attorneys of the plaintiffs in the above entitled cause; that the demand of the plaintiffs in the above entitled cause is for money due upon an unaccepted draft and two promissory notes, copies of which are…
1Opinion of the CourtJustice Dickey
It is first insisted, that the court erred in striking from the files defendant’s plea, for want of an affidavit of merits. Appellant makes the point, that no sufficient affidavit of merits had been filed with the declaration, so as to require of him an affidavit of merits to be filed with his plea. The affidavit shown by the record to have been filed with the declaration, was made, not by the plaintiff, but by his attorney. Appellant insists that a true construction of the statute demands that such affidavit should be made by the plaintiff in person. This court has, heretofore, ruled that…
2Cited by11 opinions
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- Knickerbocker v. Fort Dearborn Trust & Savings BankAppellate Court of Illinois · 1920
- Hippach v. First National BankAppellate Court of Illinois · 1897
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