Legal Opinion

Original Typewriter Circular Co. v. Buehler

Appellate Court of Illinois

Decided December 28, 1896PublishedCited by 1 opinion

Assumpsit, on a promissory note. Appeal from the Circuit Court of Cook County; the Hon. Charles Gr. Neely, Judge, presiding.

1Opinion of the CourtJustice Waterman

Appellant insists that the character of its plea is to be determined by its conclusion, and that it is in abatement.

If this be so, yet appellant was required to file with its plea an affidavit of merits. Truesdell v. Hunter, 28 Ill. App. 292.

Hot having done so, its plea was properly stricken from the files. Filkins v. Byrne, 72 Ill. 101.

The judgment of the Circuit Court is affirmed.