McCormick v. Wells
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. This was an action of assumpsit, by Thomas J. Wells against Francis A. McCormick and Joseph Rigby, upon three promissory notes, given by defendants to M. J. Wilson, and by him indorsed to the plaintiff. The plaintiff filed with his declaration his affidavit of the sum due him from defendants, and on what account, after allowing all just credits, deductions and set-offs.
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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. This was an action of assumpsit, by Thomas J. Wells against Francis A. McCormick and Joseph Rigby, upon three promissory notes, given by defendants to M. J. Wilson, and by him indorsed to the plaintiff. The plaintiff filed with his declaration his affidavit of the sum due him from defendants, and on what account, after allowing all just credits, deductions and set-offs. The defendants pleaded separately, and each filed his affidavit of merits, written on the same sheet of paper with his plea. They are…
1Opinion of the CourtJustice Scott
On motion of plaintiffs, the pleas of defendant were stricken from the files for the alleged want of a sufficient affidavit of merits. This was error. The affidavit contained everything the statute requires, viz: that defendants believed they had a good defense to the suit, upon the merits, to the whole of plaintiff’s demand. One objection taken is, the affidavits were not properly entitled in the cause. This precise point was made in Hays v. Loomis, 84 Ill. 19, and it was there ruled, notwithstanding the objection, the affidavit was sufficient.
A rule was laid upon defendants to file an…
2Cited by3 opinions
- Hays v. LoomisIllinois Supreme Court · 1876
- Burgoyne v. PyleAppellate Court of Illinois · 1931
- Manufacturers State Bank v. American Surety Co. of New YorkAppellate Court of Illinois · 1923