Furness v. Helm
Appellate Court of Illinois
Memorándum.&emdash;Assumpsit in justice’s court. Appeal from the Circuit Court of Cook County; the Hon. Thomas G. Windes, Judge, presiding.
1Opinion of the CourtJustice Gary
delivebed the opinion of the Coubt.
In half a dozen cases, see them collected -in Barnes v. Sisson, 44 Ill. App. 327, this court has had before it questions relating to affidavits by defendants on appeal from justices of the peace. In this case a new one is presented.
The plaintiffs having filed before the justice an affidavit of claim, may the court dismiss the appeal, if the defendant files no affidavit of merits when the case is called for trial ?
In effect the question is answered in the negative in the case cited, for it was there held that the defendant was entitled, without any affidavit,…
2Cases cited2 opinions
- Martin v. HochstadterAppellate Court of Illinois · 1888
- Barnes v. SissonAppellate Court of Illinois · 1892
3Cited by1 opinion
- Beddow v. FlageNorth Dakota Supreme Court · 1910