Kassing v. Griffith
Illinois Supreme Court
Appeal from the Superior Court of Cook County; the Hon. Joseph E. Gary, Judge, presiding. This was an action of assumpsit, by John A. Griffith, James O’Neill, and Joseph A. Maguire, partners, etc., against Christian Kassing.
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Appeal from the Superior Court of Cook County; the Hon. Joseph E. Gary, Judge, presiding. This was an action of assumpsit, by John A. Griffith, James O’Neill, and Joseph A. Maguire, partners, etc., against Christian Kassing. The plaintiffs filed with their declaration an affidavit of their claim, sworn to by James O’Neill, before Howard Douglass, a commissioner of deeds for Illinois, residing in Hamilton county, Ohio, which is as follows : “ James O’Neill, being duly sworn, says that the demand of the plaintiffs in the above entitled cause is for goods sold and delivered by the plaintiffs to…
1Opinion of the CourtJustice Breese
This was indebitatus assumpsit, in the Superior Court of Cook County, by John A. Griffith and others, as partners, plaintiffs, and against Christian Kassing, defendant, on the common counts. Accompanying the declaration filed in the cause was a paper purporting to be an affidavit, as required by the statute.
The defendant put in a plea to the merits, accompanied by a motion to strike from the files plaintiffs’ affidavit. There was no affidavit of merits filed with the plea.
The plea of defendant was striken from the files for want of the statutory affidavit of merits.
Appellant insists, inasmuch…
2Cited by4 opinions
- O'Brien v. BrownIllinois Supreme Court · 1949
- Povlich v. GlodichIllinois Supreme Court · 1924
- Meilinger v. PeopleAppellate Court of Illinois · 1899
- Second National Bank of Saginaw v. ClaneyAppellate Court of Illinois · 1913