Caveny v. Weiller

Weiller sued Caveny, in assumpsit, as guarantor of a promissory note, and recovered a judgment against him.

The first error assigned is, that the court erred in overruling appellant’s affidavit setting up his defense, filed under the five-day rule. Had appellant intended to reljr on that affidavit, he should not have abandoned it, but should have stood by it. He did not even except to the ruling of the court holding it to be insufficient, but asked and obtained from the court leave to file a new affidavit. This was an acquiescence by him in the action of the court. Stuber v. Schack, 83 Ill.…