Hays v. Loomis

With his pleas, defendant filed an affidavit of merits, substantially in the language of the statute, stating he was defendant in the cause, and that he believed he had a good defense to the suit, upon the merits, as to the whole of plaintiff’s demand. The affidavit was entitled in the cause with the true names of the parties, but they were transposed, as is the usual custom in entitling pleas. On motion of plaintiff, the several pleas of defendant were stricken out, for want of sufficient affidavit of merits. This was error.

In Harris v. Lester, 80 Ill. 307, an objection was taken to an…