Spradling v. Russell
Illinois Supreme Court
Appeal from the Circuit Court of LaSalle county; the Hon. Edwin S. Leland, Judge, presiding. This is an action by Russell against Spradling and one Miller, brought to the October term, 1876, which began on the 9th day of that month. The summons was served on both defendants more than ten days before the return day. The declaration was filed twelve days before the term began.
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Appeal from the Circuit Court of LaSalle county; the Hon. Edwin S. Leland, Judge, presiding. This is an action by Russell against Spradling and one Miller, brought to the October term, 1876, which began on the 9th day of that month. The summons was served on both defendants more than ten days before the return day. The declaration was filed twelve days before the term began. The first count was upon a promissory note alleged to have been made by defendants, to which was added the common counts. No affidavit of the nature and extent of the claim was filed until afterwards, as stated hereafter.…
1Opinion of the CourtJustice Dickey
At. common law, no judgment, without a trial of the issue tendered, could be rendered against a defendant who denied his liability by a -valid plea tendering an issue upon the allegations of plaintiff. Under section 37 of our Practice act, (Rev. Stat. p. 779,) in an action upon a contract for the payment of money, a plaintiff is entitled to judgment by default, if he “shall file with his declaration an affidavit showing the nature of his demand, ” and the net amount due to him from the defendant, unless there be filed a plea, and therewith an affidavit of the merits of the defence.
The statute…
2Cited by4 opinions
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