Stuber v. Schack
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was an action of assumpsit, upon a promissory note, brought by the appellee against the appellant. The court below struck the defendant’s plea from the files, for want of a sufficient affidavit of merits.
1Opinion of the CourtJustice Soholfield
We do not regard the sufficiency of the first affidavit to the plea as before us. Had appellant intended to rely on that affidavit, he should have stood by it. By filing a second affidavit, he abandoned the first, and relied solely on the second. It would, undoubtedly, have been sufficient for the defendant, in the second affidavit, to have followed the language of the statute, without disclosing the facts upon which he relied as constituting the defense; but when he undertook to state the facts, it was incumbent on him to state such as the court could see constituted, in fact, a meritorious…
2Cited by13 opinions
- Smith v. GrayIllinois Supreme Court · 1925
- McGlynn v. ScottNorth Dakota Supreme Court · 1894
- Bedford's Exr. v. ChandlerSupreme Court of Vermont · 1908
- Harrison v. Rosehill Cemetery Co.Illinois Supreme Court · 1920
- Hays v. LoomisIllinois Supreme Court · 1876
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