Young v. Browning
Illinois Supreme Court
Appeal from the Superior Court of Cook county. This was an action of assumpsit, by George Browning, against John B. Young, upon a bill of exchange accepted by the defendant. The opinion of the court states the other necessary facts.
1Opinion of the CourtJustice Walker
It is urged that the court below erred in rendering judgment notwithstanding the unsworn pleas of the defendant. The argument is, that the affidavit -filed with the declaration is not that of the plaintiffs themselves, and was, therefore, not in conformity with the requirements of the Practice Act, and, for that reason, defendant was not required to verify his pleas with an affidavit of merits.
The thirty-sixth section of the Practice Act (Laws of 1872, p. 344), provides that, if the plaintiff in any suit upon a contract, express or implied, for the payment of money, shall file with his…
2Cited by2 opinions
- Bank of North America v. Chicago, Danville & Vincennes RailroadIllinois Supreme Court · 1876
- Loeb v. LoebAppellate Court of Illinois · 1912