Pierson v. Hendrix

The officer administering the oath to the party making the affidavit of claim filed with plaintiff’s declaration omitted to add his attestation. It was amendable in that particular. Goldie v. McDonald, 78 Ill. 605.

After the affidavit was amended in that regard, by leave of court defendants obtained permission to file an affidavit of merits with their pleas at a subsequent day. Failing to do so, their pleas were properly stricken from the files, and the court rightfully rendered judgment as it did, as upon nil dicit.

The judgment in the first instance, against defendant not served with process,…