O'Connor v. Leddy

The court below ordered the plea of the general issue to be stricken from the files, because the defendant did not file with it an affidavit of merits, as required by “An act to regulate the practice in the circuit court of Cook county.” (Sess. Laws 1853, p. 172.) Judgment by default was thereupon rendered against the defendant.

This act was abrogated by the constitution of 1870. It purported to regulate the practice and proceedings of the circuit court and the court of common pleas of Cook county, and had no application to the other circuit courts of the State.'

The constitution (Art. 6, sec.…