Reed v. Horne

The errors assigned are, the Superior Court erred in striking the plea from the files for want of an affidavit of merits, and in reference to and assessing damages by the court. It is suggested in argument, the plea was stricken out of the record upon the supposition the act concerning the practice of the courts of Cook county, of February 12, 1853, which required the defendant in all civil actions to file with his plea an affidavit of merits, wa.s still in force. The record contains no bill of exceptions, and we can not know the ground of the decision by the court.

It is fatal to the…